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Agenda Packet City Council - 02/17/2009
11111=11111111/ ■IF baslasSalsO . .•• • : • .. . Februar .. 4 i t 11:45 A.M. — "Presentation of Community Profile and Regional Telephone Survey Results by BoldFuture for the Coastal Bend" Swearing -in Ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 FEBRUARY 17, 2009 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council 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 Usted desea dirigirse al Concilio y cree que su ingles es limitedo, habit un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 -826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Robert Malsack, First Presbyterian 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 Tem Larry Elizondo, Sr. Council Members: Melody Cooper City Manager Angel R. Escobar Mike Hummell City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Priscilla Leal Michael McCutchon John Marez Nelda Martinez E. MINUTES: (NONE) Agenda Regular Council Meeting February 17, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT: (NONE) 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 remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 1. Motion approving supply agreements with the following companies for the following amounts for approximately 7,080 gas meters in accordance with Bid Invitation No. BI- 0065 -09, based on low bid meeting specifications and low bid for an estimated annual expenditure of $374,900 of which $314,500 will be expensed in FY-2008 -2009. Funds in the amount of $60,400 have been budgeted in the Gas Department operations budget and the remaining $254,100 shall be reimbursed by bond proceeds. The terms of the contracts are for twelve months with Agenda Regular Council Meeting February 17, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) an option to extend for up to two additional twelve month periods, subject to the approval of the suppliers and the City Manager or his designee. (Attachment # 1) Elster American Meter Cedar Park, Texas Bid Item 1 Total: $363,300 Actaris U.S. Gas Owenton, Kentucky Bid Item 2 Total: $11,600 Grand Total: $374,900 2. Motion approving a service agreement with Eddie Garza Security, of Corpus Christi, Texas, for Uniformed Guard Security Services for Corpus Christi International Airport (CCIA) in accordance with Bid Invitation No. BI- 0059 -09 based on low bid for an estimated annual expenditure of $76,650.00 of which $31,937.50 is required for the remainder of FY 2008 -2009. The term of the contract is for twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager, or his designee. Funds have been budgeted by the Aviation Department in FY 2008 -2009. (Attachment # 2) 3.a. Ordinance appropriating $220,749 from the Unreserved Fund Balance in No. 9010 Crime Control and Prevention District Fund for "one-time" expenditures for the purchase of tasers, taser cartridges, a "graffiti truck ", and other miscellaneous equipment to be used by the Police Department; changing the FY 2008- 2009 Operating Budget adopted by Ordinance 027776 by increasing appropriations by $220,749. (Attachment # 3) 3.b. Motion approving the purchase of 120 tasers and 1,060 taser cartridges from GT Distributors, of Austin, Texas in accordance with Bid Invitation No. BI- 0131 -09, based on sole source for a total expenditure of $145,749. The equipment will be used by the Police Department. Funds are available through the Crime Control Fund and Prevention District Fund. (Attachment # 3) 3.c. Motion approving the purchase of one graffiti truck from Champion Ford, of Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0075 -09, based on low bid for a total Agenda Regular Council Meeting February 17, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) expenditure of $66,988. The equipment will be used by the Police Department. Funds are available through the Crime Control and Prevention District Fund. (Attachment # 3) 4.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $224,772 from the State of Texas, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits and to execute all related documents. (Attachment # 4) 4.b. Ordinance appropriating $224,772 from the State of Texas, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits in No. 1061 Police Grants Fund. (Attachment # 4) 5. Resolution authorizing the City Manager or his designee to submit a grant application to the National Endowment for the Arts in the amount of $10,000 for the 2010 Festival of the Arts, with a City match of $10,000 in the No. 1030 Arts Grants /Projects Fund. (Attachment # 5) 6. Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Bath Engineering Group, Inc., of Corpus Christi, Texas in an amount of $88,920, for the Museum of Science and History HVAC /Air Handling and Fire Security Repair /Replacement Project for design, bid, construction and additional phase services. (BOND ISSUE 2008) (Attachment # 6) J. PUBLIC HEARINGS: ZONING CASES: 7. Case No. 0708 -05 Anchor Harbor Mobile Home Community, L.L.C.: A change in zoning from a "B -4" General Business District to a 'T -1A" Travel Trailer Park District with a "PUD-2" Planned Unit Development -2 Overlay on Tract 1, resulting in a change of land use from commercial to travel trailer park district and "T-1B" Manufactured Home Park District with a "PUD-2" Planned Unit Development -2 Overlay on Tract 2, resulting in a change of land use from commercial to manufactured home park 41TE Agenda Regular Council Meeting February 17, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) on property described as 3.167 acres out of Anchor Harbor Tract No. 1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue. (Tabled 09/09/08) (Attachment # 7) Staff's Recommendation: Approval of the "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Tract 2 and subject to a site plan and five (5) conditions. Planning Commission's Recommendation: Approval of the "T- 1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and "T-1B" Manufactured Horne Park District with a "PUD -2" Planned Unit Development -2 Tract 2 and subject to a site plan and four (4) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Anchor Harbor Mobile Home Community, LLC, by changing the Zoning Map in reference to 3.167 acres out of Anchor Harbor Tract No. 1, from "B-4" General Business District to "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1, resulting in a change of land use from commercial to travel trailer park, and from "B-4" General Business District to "T -1 B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2 resulting in a change of land use from commercial to manufactured home park; 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. 0109 -01 Arnold Brothers Properties, L.P.: A change of zoning from an "1 -2" Light Industrial District to an "1 -3" Heavy Industrial District resulting in a change of land use from light industrial uses to heavy industrial uses on 12,350 square feet out of Lot 6, Holly Industrial Subdivision, recorded in Volume 22 at Page 37 of the Map Records of Nueces County, Texas and generally located on the east side of Ayers Street between Holly Road and SPID. (Attachment # 8) Agenda Regular Council Meeting February 17, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission & Staffs Recommendation: Denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit with four (4) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Arnold Brothers Properties, L.P., by changing the Zoning Map in reference to 12,350 square feet out of Lot 6, Holly Industrial Subdivision, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow up to seventy (70) AP1650 above ground fuel tanks, 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. 9. Case No. 0109 -02, Closner /Brownstone Ventures Corpus, LLC: A change of zoning from an "1-2" Light Industrial District to an "1- 3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial uses on 800 square feet out of a 4.011 acre tract out of Lots 3 and 6, Section 5, Range VIII, Guggenheim -Cohn Farm Lots generally located on the west side of North Padre Island Drive between Old Brownsville Road and Corporate Drive. (Attachment # 9) Planning Commission & Staffs Recommendation: Denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for two UL2085 above ground fuel storage tanks or one combined above ground fuel storage tank subject to a site plan and four (4) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Closner /Brownstone Ventures Corpus, LLC, by changing the Zoning Map in reference to 800 square feet out of a 4.011 acre tract out of Lots 3 and 6, Section 5, Range VIII, Guggenheim - Cohn Farm Lots, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow two UL2085 above ground fuel tanks or one combined tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline, Agenda Regular Council Meeting February 17, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 10. Case No. 1008 -01, Mark Rittgers: A change of zoning from a "B- 4" General Business District to an "1 -2" Light Industrial District resulting in a change of land use from commercial to light industrial on property described as Lexington Plaza Annex A, Block 2, Lot 9 -B, located on the south side of South Padre Island Drive between Cosner Street and Carroll Lane. (Attachment # 10) Planning Commission Recommendation: Denial of the "1 -2" Light Industrial District and, in lieu thereof, approval of a Special Permit subject to a site plan and fifteen (15) conditions, with conditions #2 and #5 being different from Staffs recommendation. Staff Recommendation: Denial of the "1 -2" Light Industrial District and, in lieu thereof, approval of a Special permit subject to a site plan and fifteen (15) conditions, with conditions #2 and #5 being different from Planning Commission's recommendation. ORDINANCE Amending the Zoning Ordinance, upon application by Mark Rittgers, by changing the Zoning Map in reference to Lexington Plaza Annex A, Block 2, Lot 9 -B, from "B-4" General Business District to "B -4 /SP" General Business District with a Special Permit to allow applicant to augment the existing Auto Repair Service to include work on commercial trucks, subject to a Site Plan and fifteen (15) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. ZONING TEXT AMENDMENT: 11.a. Public hearing to consider amending Section 33- 1.02.06 (b) (1), Corpus Christi Zoning Ordinance to allow non - illuminated sandwich board signs or A -Frame Signs on the sidewalks of zero -lot line buildings in the Six Points area. (Attachment # 11) Agenda Regular Council Meeting February 17, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11.b. First Reading Ordinance - Revising Section 33- 1.02.06 (b) (1), Corpus Christi Zoning Ordinance to allow non - illuminated sandwich board signs or A -Frame Signs on the sidewalks of zero -lot line buildings in the Six Points area; amending conflicting provisions of the city's comprehensive plan; repealing conflicting ordinances; providing for penalties; and providing for publication. (Attachment # 11) K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES: '12. Resolution supporting the further development of the Universal Freight Shuttle Concept and welcoming the inclusion of the City of Corpus Christi as a link to the system. (Attachment # 12) L. PRESENTATIONS: (NONE) Public comment will not be solicited on Presentation items. 13. Automated Meter Reading (AMR) Initiative Project Expansion Update — Year 4 of 5 (Attachment # 13) M. PUBLIC COMMENT FROM THE AUDIENCE 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 FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. Agenda Regular Council Meeting February 17, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF 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. O. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81s1 Texas Legislature. P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ,,2 :1 S p.m., on February 11, 2009. Armando Chapa City Secretary Agenda Regular Council Meeting February 17, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 IT NI 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 Charter Review 1 Requested Council Action: 2/17/09 Alternate Council Date: 2/24/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts for approximately 7,080 gas meters in accordance with Bid Invitation No. BI- 0065 -09, based on low bid meeting specifications and low bid for an estimated annual expenditure of $374,900.00 of which $314,500.00 will be expensed in FY08 /09. Funds in the amount of $60,400.00 has been budgeted in the Gas Department Operations budget and the remaining $254,100 shall be reimbursed by Bond Proceeds. The terms of the contracts are for twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the suppliers and the City Manager, or his designee. Elster American Meter Cedar Park, Texas Bid Item 1 Total: $363,300 Actaris U.S. Gas Owenton, KY Bid Items 2 Total: $11,600 Grand Total: $374,900.00 ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Bid Invitations Issued: Bids Received: Price Analysis: Award Basis: Funding: The Gas Department installs these meters to record the amount of natural gas used by customers. These meters will be used for the Automated Meter Reading (AMR) Project. The meters will be capable of transmitting customer consumption of gas electronically via the City's Wi -Fi network. 12 3 When compared to the previous contract for AMR compatible meters, pricing has remained stable. Low Bid Meeting Specification — Items 1 Actaris U.S. Gas, Owenton, KY., does not meet the technical specification requirements regarding meter revolutions. Low Bid— Items 2 Gas Department 520150 - 4130 -34130 $60,400.00 550060 -4130 -34130 254,100.00 TOTAL FY08 /09 $314,500.00 Michael $antra Assistant Director of Financial Services —1— Actaris U.S. Gas, Inc., Owenton, KY., does not meet the technical specification requirements regarding meter revolutions. :1V1O1 O8VMV r06-: 0 0 — 2 — N N 3 200 cu. ft. meter, 1" AMR Compatible 400 cu. ft. meter, 1 1/4" AMR Compatible Description 0 0 A .Z' w of 0 0 0 s C :: (1) $49.95 $349,650.00 145.00 11,600.00 Unit Total Price Price OWENTON, KY ACTARIS U.S. GAS, INC. 161.10 12,888.00 Unit Total Price Price CEDAR PARK ELSTER AMERICAN $60.85 $425,950.00 195.00 15,600.00 Unit Total Price Price HOUSTON, TEXAS EQUIPMENT CONROLS. 0 0 3 1 3 0 zmcn C)D� DWo m m p c -n r <0 CD coz - �Z D 0 N O O O co O m cn C cn m0 mZ X CO 0 0 rn 0 co 2 Requested Council Action: 2/17/09 Alternate Date: 2/24/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Eddie Garza Security, Corpus Christi, Texas, for Uniformed Guard Security Services for Corpus Christi International Airport (CCIA) in accordance with Bid Invitation No. BI- 0059 -09 based on low bid for an estimated annual expenditure of $76,650.00 of which $31,937.50 is required for the remainder of FY 08 -09. The term of the contract is for twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager, or his designee. Funds have been budgeted by the Aviation Department in FY 08 -09. ******************** r**************r sr********* *r * * ** *s * * * *s *s *** * * * *** * *r * * *s Purpose: Security Services are required at the Corpus Christi International Airport (CCIA) to comply with the Transportation Security Administration (TSA) aviation contingency plan. The contingency plan was enacted as result of the September 11`s attacks. This contract will provide a permanent solution to the ongoing civilian aviation threats that are present at the airport. Security Service will be provided at the Corpus Christi International Airport (CCIA) seven days a week, for approximately 7,300 hours per year. The security workers furnished by the Contractor will be used to provide security at the rental car lot of the CCIA on an as needed basis as determined by the Director. The Contractor is responsible for inspecting vehicles and checking identification of persons entering restricted areas, patrolling and monitoring the premises, prohibiting unauthorized vehicles from parking in close proximity to the terminal building, providing security services for events, guarding against unauthorized entry, directing traffic at the airport terminal and ensuring safety and compliance with Transportation Security Administration regulations. Bid Invitations Issued: Eighteen Bids Received: Four Price Analysis: Pricing has decreased approximately 12% since the last contract of 2006. Award Basis: Funding: 4 for Mi� el Barrera As istant Director of Financial Services Low Bid Aviation Department 530000 -4610 -35055 -5- $31,937.50 Total - $31,937.50 0 0 0 O O o o a m ] 0 a C N C o Q . S c m 'g d c0 5 O 2 N N v 0 0 2 4. 0 O 0 CA) 3 0 N 9. O 0 C 0 ID • m .cD CD • a 0. O m o a a' o rn c O d cn m c X 0. N 45 0 os eL$ loo oLe's9$ c ID m v • a O 3 0 01 c X O N 0. n N C m� N • a o4'43 I00099'96$ c D 2. m 0. 0. j N 0. O 0 O 0) C co -t • N = S N C • cp C Z O1 - � co . j m t . 2 o 0a a N (oi % 4. -6- Om- O 0cc- zmOo g - N0I D A Z D �%� r m Gm >Z 0 N <D J - O N O OJ 3 Requested Council Action: 2/17/09 Alternate Council Date: 2/24/09 COUNCIL MEMORANDUM (A) ORDINANCE APPROPRIATING $220,749 FROM THE UNRESERVED FUND BALANCE IN NO. 9010 CRIME CONTROL AND PREVENTION DISTRICT FUND FOR "ONE- TIME" EXPENDITURES FOR THE PURCHASE OF TASERS, TASER CARTRIDGES, A "GRAFFITI TRUCK," AND OTHER MISCELLANEOUS EQUIPMENT TO BE USED BY THE POLICE DEPARTMENT; CHANGING THE FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE 027776 BY INCREASING APPROPRIATIONS BY $220,749; AND DECLARING AN EMERGENCY. (B) Motion approving the purchase of 120 tasers and 1,060 taser cartridges from GT Distributors, Austin, Texas in accordance with Bid Invitation No. BI- 0131 -09, based on sole source for a total expenditure of $145,749. The equipment will be used by the Police Department. Funds are available through the Crime Control and Prevention District Fund. (C) Motion approving the purchase of one graffiti truck from Champion Ford, Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0075 -09, based on low bid for a total expenditure of $66,988. The equipment will be used by the Police Department. Funds are available through the Crime Control and Prevention District Fund. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Recommendation (A) - Appropriation BACKGROUND On January 21, 2009 the Crime Control and Prevention District Board of Directors approved the one -time expenditures using the surplus fund balance from FY 08/09. 1. Tasers (See Recommendation B) $145,749 2. Graffiti Truck and other miscellaneous 75.000 equipment (See Recommendation C) Total: $220,749 Recommendation (B) - Award of Tasers Purpose: The tasers will used by Police Officers in their day to day duties. Basis of Award: Sole Source - GT Distributors, Austin, Texas is the sole distributor in Texas, representing Taser International Funding: Crime Control and Prevention District Fund 520090- 9010 -11711 $145,749 Total $145,749 Recommendation (C) - Award of Graffiti Truck Purpose: Requested Council Action: 2/17/09 Alternate Council Date: 2/24/09 The truck is configured with a hydro- blaster and water tanks that are used in combination with each other to clean and remove graffiti that has been "tagged" on public and private property. The truck has a manufacturing lead time of 90 -120 days with an estimated delivery date scheduled for the summer of' 2009. As such, the truck will not be placed into service until next fiscal year. A full time equivalent (FTE) position to support the operations of the vehicle will be requested in the FY09 -10 Solid Waste Operations Budget. Bid Invitations Issued: Eight Bids Received: Three Basis of Award: Low Bid Funding: M F'ael Barrera 'sistant Director of Financial Services Crime Control and Prevention District Fund 550020- 9010 -11719 Capital Outlay Item No. 86A —10— $66,988.00 Total $66,988.00 sa6Jey0 ;y6laid snld a 0 0 ( m ( ( N011dli10S3a z CO CD S co cc CT C-11 crl a $ \ 0 o o o 0 w 0 § 01 ±-1 CD \ /0. 0 0 « §/2 0 0 8 931 5.1 CD C (8) NOIIVQN3WWO0321 O D r -12- 0w-U0 Ojc - XI F 0 cn n D CO 0 p 0 m p C v 0 2 i= 03 03 0 en Z D C N3 0 f0 co 0 0 co Dc m m iO �z C 0 6 T O J .01 O O 1a)NOLLVQN3WWO03i1 co 3 Series (HT -1.5) 19,000 lbs. GVWR, 4 X 4, Standard Cab & Chassis, 84 inch' cab -to -axle, with a 12' Flatbed Body and Graffiti Removal Equipment in accordance with Specifications No. 1009, 1013 & 1186. Cab & Chassis - White, Body - Black. Description CD m 0 r C :. >. EA 01 rn 0 a 0 O QA 01 rn 0 ao 00 O O Unit Total Price Price CHAMPION FORD EA 01 J W J O O O fA 0) J "co -4 O 0 0 Unit Total Price Price $76,571.00 $76,571.00 Unit Total Price Price CORPUS CHRISTI, TEXAS 1 CORPUS CHRISTI FREIGHTLINER -12- 0w-U0 Ojc - XI F 0 cn n D CO 0 p 0 m p C v 0 2 i= 03 03 0 en Z D C N3 0 f0 co 0 0 co Dc m m iO �z C 0 6 T O J .01 O O 1a)NOLLVQN3WWO03i1 ORDINANCE APPROPRIATING $220,749 FROM THE UNRESERVED FUND BALANCE IN NO. 9010 CRIME CONTROL AND PREVENTION DISTRICT FUND FOR "ONE- TIME" EXPENDITURES FOR THE PURCHASE OF TASERS, TASER CARTRIDGES, A "GRAFFITI TRUCK," AND OTHER MISCELLANEOUS EQUIPMENT TO BE USED BY THE POLICE DEPARTMENT; CHANGING THE FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE 027776 BY INCREASING APPROPRIATIONS BY $220,749; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $220,749 from the Unreserved Fund Balance in No. 9010 Crime Control and Prevention District Fund is appropriated to purchase tasers, taser cartridges, a "graffiti truck," and other miscellaneous equipment to be used by the police department. _ SECTION 2. The FY 2008 -2009 Operating Budget adopted by Ordinance 027776 by increasing appropriations by $220,749. SECTION 3. Upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 17th of February, 2009. ATTEST: Armando Chapa City Secretary Approved as to form: 04- Feb-09 By: T. Trisha -tTang Assistant City Attomey for City Attorney 021709 ORD App 5220.749 for PD Tasers, Graffiti Tnick_elcalac CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 2009 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: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 021709 ORD App $220.749 for PD Tasers, Graffiti Twckyeic4doc 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/17/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $224,772 from the State of Texas, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits and to execute all related documents. B. Ordinance appropriating $224,772 from the State of Texas, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits in No. 1061 Police Grants Fund, and declaring an emergency. ISSUE: Funds have been awarded by the State of Texas, Criminal Justice Division for overtime and fringe benefits to address gang issues in the City of Corpus Christi. REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds FUNDING: There is no cash match required of the grant. The grant will pay all overtime and fringe benefits for officers working to address gang issues within the City. Funds are available from 11/01/2008 — 10/31/2009. CONCLUSION AND RECOMMENDATION: Staff recommends approval to accept the grant and appropriate the funds Attachments: • Award document -17- M,6(1 aW Ish� Acting Chief of Police BACKGROUND INFORMATION The overtime from this grant will impact both the violent crime rates of gang - related aggravated assaults and deadly conduct cases that result from drive -by shootings. It will also impact the burglary and auto burglary rates as well. The goals of the grant are: • to reduce the auto burglary rate by 10% • to reduce the burglary rate by 10% • to reduce the number of gang - related drive -by shootings by 25% • to arrest at least 15 gang members per month for outstanding arrest warrants, • to incorporate all known and suspected gang members into a newly designed database that will be used to gather intelligence to successfully investigate and prosecute violent crime and property crime offenders. The overtime for officers will be used in the following tasks: 1. Investigate each drive -by and bring to a conclusion as quickly after the incident as possible. 2. Run computer checks every other week on 30 -40 wanted gang members; prepare packets on them for officers who will attempt to locate them. 3. Conduct drivers license checks in neighborhoods were gang involvement is strongly linked. 4. Conduct knock and talk investigations regarding complaints involving gang members. 5. Proactively patrol areas hardest hit by graffiti. 6. Enhance existing "Save Our Streets" program through further investigation of TIPS to Crime Stoppers hotline regarding felons in possession of firearms. 7. Update existing "Gangscope" software - to collect and disseminate reliable intelligence on gang members. 8. Focus on serial offenders. 9. Collect intelligence at area hangouts where large groups of gang members frequent. Follow through on investigations involving seizures of cash and/or vehicles. -18- State of Texas Office of the Governor Criminal Justice Division Rick Perry Governor February 02, 2009 Mr. Mike Walsh Chief of Police Corpus Christi, City of PO Box 9277 Corpus Christi, Texas 78469 Dear Chief Walsh: Congratulations on your award! To activate your agency's grant, the Authorized Official must log on to eGrants at https: / /cjdonline. governor. state.txus and go to the `My Home' tab. In the `Project Status' column, locate the application that is in `Pending Acceptance of Award' status. Click on the grant number and proceed to the `Accept Award' tab. From this tab, click on the `Accept' button. Be sure to review the attached memo for a quick overview of general items every grantee should be aware of. You can also find more detailed information on the eGrants website including helpful resources, links, and tools needed to properly administer CJD grants; an eGrants Users Guide; and the new Guide to Grants containing answers to questions frequently asked by grantees. The Public Policy Research Institute (PPRI) at Texas A&M University will send a detailed information packet to the Project Director containing progress reporting forms an instructions on completing and submitting those forms. I hope you continue to find the online environment of eGrants to be a positive experience. We are continually improving the efficiency of processes so that you can dedicate your time to the priorities of service within your communities. We look forward to working with you to ensure the success of your program. Sincerely, Christopher Burnett Executive Director Port Office Box 12428 Austin, Texas 78711 (512) 463 -1919 (Voice) /(512)475- 2440 (FAX)/Dial 7 -1 -1 For Relay Services -19- Grant Number: Program Fund: Grantee Name: Project Title: Grant Period: Liquidation Date: Date Awarded: CJD Grant Manager: DJ- 07- A10- 20898 -01 DJ- 16.738 Edward Byrne Memorial Justice Assistance Grant Program Corpus Christi, City of Gang Interdiction 11/01/2008 - 09/30/2009 12/29/2009 02/02/2009 Kristopher Krueger CJD Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $224,772.00 $0.00 $0.00 $224,772.00 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund- Specific Requirement(s), if any, cited below: Condition(s) of Funding and Other Fund- Speekk Requirement(s): 1 Grantee will maintain an intelligence database of all data collected during the course of the grant. Grantee will ensure that all intelligence data is made available to local fusion centers and the state fusion center located at the Texas Department of Public Safety as mandated by the Code of Criminal Procedures, Chapter 61. Grantee is encouraged to participate in the current TXGANG system and is required to participate upon implementation of the enhanced TXGANG system. 2 Grantee will initiate contact with other local, state, and federal law enforcement agencies in grantee's jurisdiction to ensure a coordinated multi - jurisdictional approach to disruption of criminal gangs. Grantee will provide additional information on these initiatives in its progress reports to COD. 3 Grantee will ensure all grant funds used for overtime purposes are paid in accordance with the grantee agency's overtime policy. Grantee will upload a copy of its policy into a rranta. Grantee will ensure that time and activity sheets are on file for each grant -paid position and that the sheets are signed by both the employee and the supervisor. 4 Meet forfeitures earned as a result of the project's activities are considered generated program income (GPI) and must be reported to COD through a grant adjustment. Upon approval of the grant adjustment, grantee will ensure that GPI is spent pier to OD grmtfunds. 5 Resolution: Except for state agencies, each applicant agency must submit a resolution from the applicable governing body (such as the city council, county commissioners' court, school board, or board of directors) electronically using the 'Upload' function in the eGrants system. 6 Vendor information has been verged -20- ORDINANCE APPROPRIATING $224,772 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION FOR FUNDING AVAILABLE TO ADDRESS GANG ISSUES, FUNDS TO BE USED FOR OVERTIME AND FRINGE BENEFITS IN NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $224,772 is appropriated from the State of Texas, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits in No. 1061 Police Grants Fund; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of February, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form: February 2, 2009 T. rsha fang Assistant City Attorney For City Attorney —21— TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —22— 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 17, 2009 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a grant application to the National Endowment for the Arts in the amount of $10,000 grant for the 2010 Festival of the Arts, with a City match of $10,000 in the No. 1030 Arts Grants /Projects Fund. ISSUE: The Arts & Cultural Commission is applying to the National Endowment for the Arts for a "Challenge America Fast - Track" grant. The intent of this grant program is to advance the creative economy of Texas by investing in arts organizations. If awarded, this grant will provide additional funding to promote and facilitate the 2010 Festival of the Arts, a 3 -day weekend event. The funds used to match the grant will be from the FY 09 -10 Arts Grants /Projects budget. REQUIRED COUNCIL ACTION: Authorization to submit a grant application to the National Endowment for the Arts. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: The Arts and Cultural Commission supports the application for this grant. Sally Gav4 Director Parks an Recreation Department —25— NEA Challenge America Reaching Every Community Fast -Track Grants Page I of 4 Grants ■ppl i �l'ani Grants for Arts Projects Challenge America: Reaching Every Community Fast -Track Review Grants Introduction The Challenge America: Reaching Every Community Fast -Track Review Grants category offers support primarily to small and mid -sized organizations for projects that extend the reach of the arts to underserved populations -- those whose opportunities to experience the arts are limited by geography, ethnicity, economics, or disability. Age alone (e.g., youth, seniors) does not qualify a group as underserved; at least one of the underserved characteristics noted here also must be present. This category, as an essential component of the Arts Endowment's goal of providing wide access to artistic excellence, supports local projects that can have significant effects within communities. Grants are available for professional arts programming and for projects that emphasize the potential of the arts in community development. Partnerships can be valuable to the success of these projects. While not required, applicants are encouraged to consider partnerships among organizations, both in and outside of the arts, as appropriate to their project. These Fast-Track Review Grants: • Extend the reach of the arts to underserved populations. • Are limited to the specific types of projects outlined below. • Are for $10,000 each. • Receive an expedited application review. Organizations are notified whether they have been recommended for a grant approximately six months after they apply; projects may start shortly thereafter. Deadline May 28, 2009, Application Deadline January 1, 2010, Earliest Beginning Date for Arts Endowment Period of Support If your organization applies to the Challenge America Fast -Track Review Grants category, it may not submit another application to either the Access to Artistic Excellence or Learning in the Arts categories. See "Applicant Eligibility /Application Limits" for further information. Contact Challenge America: Reaching Every Community Fast -Track Review Grants Specialists: fasttrack @arts.gov or 202/682 -5700 Projects -26- NEA Challenge America Reaching Every Community Fast -Track Grants Page 2 of 4 This category supports focused, distinct projects that take place over limited periods of time and involve limited geographic areas. Such projects generally are smaller in scale and shorter in duration than those in the Access to Artistic Excellence or Learning in the Arts for Children and Youth categories. All projects must extend the reach of the arts to underserved populations that have limited access to the arts due to geography, ethnicity, economics, or disability. The involvement of professionally trained, experienced artists and arts professionals is essential. Each applicant must present a simple, straightforward project that reflects only one of the project types below. Fast -Track Review Grants are available only for: • An arts event that will feature one or more guest artists. The project (such as a festival, exhibit, recital, reading, performance, screening, broadcast, lecture) must include the participation of guest artist(s). Artistic staff, resident artists, or sequential collaborators of an applicant organization do not qualify as guest artists. In addition to artists' fees, the project may include public relations, professional documentation, and program enhancements that are integral to the event. Examples of program enhancements include interpretive material, transportation, program accommodations (e.g., sign language interpretation, audio description), catalogues, brochures, or publications. Other enhancements such as specific lecture- demonstrations, pre- or post -event talks, or workshops relevant to the proposed arts event also are eligible. NOTE: Projects that involve curriculum -based arts instruction are not eligible (see the Learning in the Arts category). • The creation of professionally directed public art projects such as murals, sculptures, or environmental art that are developed through community engagement. • Civic design activities that involve the renovation, restoration, or adaptive reuse of cultural facilities or spaces. Projects may include architectural studies, design competitions, charettes (design workshops), or feasibility plans. Funding is not available for actual renovation or construction costs. • The unified promotion of community -wide arts activities and resources to enhance cultural tourism or activities in cultural districts. Unified promotion is defined as the professional assessment, design, and /or distribution of public relations tools (calendars, Web sites, brochures, rack cards, signage, etc.) designed to benefit several local organizations. NOTE: Promotional projects for a single organization are not eligible. Application Review Applications are submitted to the Challenge America Fast -Track Review Grants staff and are reviewed by a diverse group of arts experts and other individuals with broad knowledge of the specific types of projects in this funding area. Applications are reviewed on the basis of artistic excellence and artistic merit. For more detailed information on how artistic excellence and artistic merit will be evaluated, see the "Review Criteria." You can find additional information in the "Application Review" section of the "Frequently Asked Questions." —27— NEA Challenge America Reaching Every Community Fast -Track Grants Page 3 of 4 We Do Not Fund In addition to the "We Do Not Fund" section for all Grants for Arts Projects applicants, funding under the Challenge America Fast -Track Review Grants category is not available for: • Consortium applications (see "Application Limits "). • Activities that occur over an extended period (e.g., projects that span a full season, long -term residencies, most large -scale projects). • Competitions other than design competitions. • Projects that involve curriculum -based instruction in the arts. The Arts Endowment encourages organizations with operating budgets of less than $50,000 and organizations that have not applied for public funds previously to consider applying to local or state sources to gain practical experience with managing public funds. Outcomes The Arts Endowment has identified five outcomes that it plans to achieve through Challenge America Fast -Track Review Grants. Each applicant is asked to select the one outcome listed below that is most relevant to its project and to indicate this in its application: 1. Artists and arts organizations have opportunities to create, interpret, present, and perform artistic work. 2. Artistic works and cultural traditions are preserved. 3. Organizations enhance their ability to realize their artistic and public service goals. 4. Audiences throughout the nation have opportunities to experience a wide range of art forms and activities. 5. The arts contribute to the strengthening of communities. If you wish to apply: Step 1 - Please Read First Grants.gov registration Application Calendar /Deadlines Grant Program Description We Fund /Do Not Fund Outcomes -28- Step 2 - To Apply > How to Prepare and Submit an Application Application Tools Frequently Asked Questions NEA Challenge America Reaching Every Community Fast -Track Grants Page 4 of 4 Guiding Principles Award Information Grant Amounts & Matching Funds Period of Support Eligibility Applicant Eligibility Application Limits Application Review Review Criteria What Happens to Your Application Award Administration Award Notices Changes in Projects General Terms & Conditions Legal Requirements Assurance of Compliance Other Information Access for Individuals with Disabilities Civil Rights Standards for Service Reporting Burden Grants.gov Tips Recent Grants Outcomes Toolkit CFDA No. 45.024 OMB No. 3135 -0112 Expires 11/30/2010 January 2009 Privacy Policy Important Notices Contact Us USA.gov National Endowment for the Arts an independent federal agency 1100 Pennsylvania Avenue NW Washington, DC 20506 -29- Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE NATIONAL ENDOWMENT FOR THE ARTS IN THE AMOUNT OF $10,000 FOR THE 2010 FESTIVAL OF THE ARTS, WITH A CITY MATCH OF $10,000 IN THE NO. 1030 ARTS GRANTS /PROJECTS FUND. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to submit a grant application to the National Endowment for the Arts in the amount of $10,000 for the 2010 Festival of the Arts, with a City match of $10,000 in the No. 1030 Arts Grants /Projects fund. ATTEST: Armando Chapa City Secretary Approved as to form: February 9, 2009 Lisa Ag AssistanfCity Attorney for the City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H: \LEG- DIR\Lisa\2009 Resolutions \Grant-National Endowm3Oor the Arts$10,000.doc Page 2 of 2 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon HALEG- DIR \Lisa\2009 Resolutions\Grant- National Endown9r$ ter the Arts$10,000.doc 6 AGENDA MEMORANDUM DATE: February 17, 2009 SUBJECT: Museum of Science & History — Project No. 4378 (Bond 2008) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a engineering services contract with Bath Engineering Group, Inc., of Corpus Christi, Texas in an amount of $88,920, for the Museum of Science and History HVAC /Air Handling and Fire Security Repair /Replacement for design, bid, construction, and additional phase services (Bond 2008). ISSUE: The proposed contract is necessary to proceed with the project as approved by voters in the November 2008 Bond Election. Approval of the motion is necessary to provide the engineering services to develop the bid, contract, plans, specifications and other documents required to proceed with the construction of the project. FUNDING: Funding is available from the Park and Recreation CIP Fund which will be reimbursed upon sale of proceeds approved by the 2008 Bond election. RECOMMENDATION: Staff recommends approval of the Motion as presented. Rick Stryker, Museum Director Pete Anaya, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information /Contract Summary Exhibit "A -1" Prior Project Actions Exhibit "B" Contract Summary Exhibit "C" Location Map H: HOMEIKEVINMEMMUSEUMW3 ]SHVAC- AHU2008 AEAwEMEM0.0oe —35— AGENDA BACKGROUND SUBJECT: Museum of Science & History — Project No. 4378 (Bond 2008) PROJECT DESCRIPTION: Voters in Bond Issue 2008 approved $850,000 dollars to renovate the Museum of Science and History HVAC, Air Handling Units, Chiller, Generator, and Fire Security System Repair /Replacement. The following is a list of the major items that will be addressed through this project. The project will result in the repair, renovation and installation of new systems as follows: • HVAC Upgrade - Air handlers o Kenedy Wing: design the removal and replacement of the 3 multi -zone units and 1 constant volume unit with 2 variable air volume units with series fan powered terminal units. Design to include new 18" roof curbs and roofing repair. System modification may include consolidating equipment for variable air volume operation. This wing can be closed during construction. o Heine Wing: design the removal and replacement of the 4 constant volume air handling units. This wing can not be closed during construction. o Clogged piping: locate and design the removal clogged piping in the chilled and hot water piping system. Design the installation of new piping to remedy problems with the exiting piping arraignment. o Controls: Bath is to present the control package in the construction drawings with control diagrams that convey the control strategies and minimum point list. This new control system will be added to the existing system. • Exhaust bench - Design a ventilated work bench for projects conducted in house that may include adhesives and small amounts of spray paint. • Emergency electrical system - Replacement of emergency generator with an automatic transfer switch was to support operation of the mechanical systems. The mechanical systems are no longer in service and the current emergency plan calls for bringing in a portable chiller. Bath is to investigate the existing emergency power to have the ability to bring a portable generator to the museum for temporary power within 24 hours. This will include the upgrade the electrical switchgear in the mechanical room if possible and installation of a quick connect system for a portable chiller. The emergency power system is to be sized to allow minimal lighting and complete HVAC operation. • Fire alarm /security o Move all devices from the old conventional fire alarm panel to new Radionics analog addressable fire alarm panel if possible. This installation will require replace /upgrading of devices that are compatible with the new Radionics fire alarm panel or possibly replacing the entire system to one that meets the museum's needs and current codes. o Access control scope is to add four (4) "high security" areas. These areas include the marine archeology storage room, history collection storage, and natural history collection storage. • Overhead roll -up door - Provide a design that will help reduce the heat and infiltration from the roll -up door and roll -up door opening. —36— EXHIBIT "A" Page 1 of 2 • Design doors at the front entrance to meet ADA requirements. The preliminary construction budget including contingency is $637,500.00. However, it appears based on the extent of necessary work that a total of $837,500.00 (including contingency) will be required to complete all of the work. Therefore, the staff proposes to use $200,000.00 from the Bayfront Development 2008 Tax Notes to enable all of the proposed repairs to be completed. It is anticipated the project will advertise for bids during August, 2009. The project schedule calls for construction to be undertaken during the fall /winter months of 2009. ENGINEERING SERVICES CONTRACT: A contract summary is attached. See Exhibit B. FUTURE COUNCIL ACTION: • Approval of a construction contract to complete the proposed project as required. • Approval of any change orders that may be required. —37— \HOME\KEV INSIGENIMUSEUMW 3]SHVAC- AHU2001MEAwEExhABko.doc IEXHIBIT "A" 1 Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Museum of Science & History — Project No. 4378 (Bond 2008) PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. FUTURE COUNCIL ACTION: Approval of various construction contracts to complete the project as required. PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). —38— CONTRACT SUMMARY SCOPE OF PROJECT RFQ No. 2008 -05 Bond Issue 2008 and Other Projects Part A. Bond Issue 2008 Projects Proposition 5 Public Facilities Project 40 Museum of Science & History HVAC /Air Handler Units, Generator and Fire Security Project # 4378 Voters in Bond Issue 2008 approved $850,000 dollars to renovate the Museum of Science & History. The following is a list of the major parts of the renovations that will be performed. • HVAC Upgrade Air handlers o Kenedy Wing: design the removal and replacement of the 3 multi -zone units and 1 constant volume unit with 2 variable air volume units with series fan powered terminal units. Design to include new 18" roof curbs and roofing repair. System modification may include consolidating equipment for variable air volume operation. This wing can be closed during construction. o Heine Wing: design the removal and replacement of the 4 constant volume air handling units. This wing can not be closed during construction. o Clogged piping: locate and design the removal clogged piping in the chilled and hot water piping system. Design the installation of new piping to remedy problems with the exiting piping arraignment. o Controls: Bath is to present the control package in the construction drawings with control diagrams that convey the control strategies and minimum point list. This new control system will be added to the existing system. • Exhaust bench - Design a ventilated work bench for projects conducted in house that may include adhesives and small amounts of spray paint. • Emergency electrical system — Replacement of emergency generator with an automatic transfer switch was determined to be out of budget. Bath is to investigate the exiting emergency power to have the ability to bring a portable generator to the museum for temporary power within 24 hours. This will include the upgrade the electrical switchgear in the mechanical room if possible. The emergency power system is to be sized to allow minimal lighting and complete HVAC operation. • Fire alarm /security o Move all devices from the old conventional fire alarm panel to new Radionics analog addressable fire alarm panel if possible. This installation will require replace /upgrading of devices that are compatible with the new Radionics fire alarm panel or possibly replacing the entire system to one that meets the museum's needs and current codes. o Access control scope is to add four (4) "high security" areas. These areas include the marine archeology storage room, history collection storage, and natural history collection storage. Exhibit B Page 1 of 3 —39— • Overhead roll -up door - Provide a design that will help reduce the heat and infiltration from the roll -up door and roll -up door opening. ADA access • Design doors at the front entrance to meet ADA requirements. The contract provides for all engineering services required for the completion of the project. The engineer will provide the basic services required including preliminary (conceptual design /scope), design, bid and construction phase services. Additional services to be provided in the form of an allowance that will be billed based on actual costs incurred include construction observation /inspection, start up /commissioning services, and incentive rebate services. Basic services are the tasks routinely required for the design of a project including preparation of drawings, specifications, contract documents, bid services and normal construction phase services. Additional services consist of work that is beyond basic services. Routine additional services include topographic or other land surveying, construction inspection, title work, expert witness, environmental assessment, permit preparation /submittal, structural or other specialized engineering assessment, forensic analysis /investigation, etc. The fee for the project is: Fee for Basic Services 1. Preliminary Phase $7,360 2. Design Phase $53,080 3. Bid Phase $2,080 4. Construction Phase $5,000 Subtotal Basic Services Fees $67,520 Fee for Additional Services (Allowance) 1. Construction Observation Services $10,000 2. Start-up Services $7,400 3. Incentive Rebate Services $3,500 4. TDLR Registration /Inspection 500 Sub -Total Additional Services Fees Authorized $21,400 Total Authorized Fee $88,920 The estimated cost of construction, including utilities, is $837,500. The estimated percentage of Basic Services Cost to Construction Cost is 8.06 %. Engineering fee curves typically presume a higher percentage when projects require the retro- fitting of existing facilities. Exhibit B Page 2 of 3 —40— SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Thursday February 11,2009 Begin Engineer Letter Report Phase Wednesday March 11, 2009 Engineer Letter Report Phase Wednesday March 25, 2009 City Review (14 days /2 weeks) Thursday April 30th 2009 60% Submittal Thursday May 14th, 2009 City Review (14 days /2 weeks) Thursday May 14th, 2009 Begin Pre -Final Phase Tuesday June 30th, 2009 Pre -Final Submittal Tuesday July 14th, 2009 City Review (14 days /2 weeks) Tuesday July 14th, 2009 Begin Final Phase Friday July 31st, 2009 Final Submittal Tuesday August 3`d,2009 Advertise for Bids Tuesday August 17th, 2009 Pre -Bid Conference Tuesday September 1st, 2009 Receive Bids September 2009 Begin Construction —41— Exhibit B Page 3 of 3 File : \Mproject \councilexhibits \exh4378.dw• VICINITY MAP CITY PROJECT No. 4378 MUSEUM OF SCIENCE & HISTORY (BOND 2008) CITY COUNCIL. EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02 -02 -2009 -42- 7 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: February 17, 2009) Case No. 0708 -05, Anchor Harbor Mobile Home Community, L.L.C. - A change of zoning from a "B-4" General Business District to a "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1, resulting in a change of land use from commercial to Travel Trailer Park District and "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2, resulting in a change of land use from commercial to manufactured home park on property described as 3.167 acres out of Anchor Harbor Tract No.1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue. Background: On September 9, 2008, City Council tabled Case No. 0708 -05 in order to allow staff to meet with the property owner and representative to resolve landscaping setback and fencing issues related to the PUD -2 Recommendation. The Owner/Representative met with staff on September 30, 2008, to review revisions made to the PUD -2 request. Changes to the original recommendation include adding item 2. Landscaping Plan and adding a painted screening fence along the south edge of the property next to the S.P.I.D. Frontage Road. Revised Applicant and Staff Recommendation: Approval of the "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1, and "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 on Tract 2 and subject to a site plan and the following five (5) conditions: 1. Uses: The only uses permitted are those uses included in the "T -1A" Travel Trailer park District on Tract 1, and uses included in the "T -1B" Manufactured Home Park District and the two existing single - family residential uses and one office use on Tract 2 of the subject Property. 2. Landscaping Plan: The owner shall install and maintain landscaping in accordance with the attached landscaping plan (Exhibit 1) both in the area along the frontage road as well as the area behind the fence within the mobile home community. The specifications and conditions of installation of the landscaping are detailed on the landscaping plan. The rendering attached as Exhibit 2 illustrates the landscaping consultant's projection of the appearance of the landscaping from the adjacent freeway within 10 years. 3. Screening: The screening fence six feet in height along the frontage road on the south side of the property shall be maintained and painted in a manner consistent with the masonry and wood entrance structure. A standard screening fence six feet in height shall be maintained adjacent to the medium density residential use located to the west. 4. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. A maximum of one foot candle light is permitted to project beyond the property line near all adjacent residential development. 5. Time Limit: This Planned Unit Development -2 Overlay expires two (2) years from the date the Ordinance, unless the property is being used as outlined in Condition #1 above and in compliance with all other conditions. In the event that in the future use of the property for the purposes outlined in Condition #1 is relinquished by the owner, this Planned Unit Development -2 Overlay shall expire. Planning Commission Recommendation: Approval of the "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 on Tract 2 and subject to a site plan and the following four (4) conditions: 1. Uses: The only uses permitted by the Sp48:l- Permit are those uses included in the "T -1A" Travel Agenda Memorandum Case No. 0708 -05 (Anchor Harbor Mobile Home Community) Page 2 Trailer Park District on Tract 1 and uses included in the "T-1B" Manufactured Home Park District and the two existing single- family uses and the existing office on Tract 2 of the subject property. 2. Screening: A standard screening fence six feet in height is required adjacent to the medium density residential use located to the west. This screening fence shall be in place within one (1) year of the approval of this ordinance. 3. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. A maximum of one lumen of light is permitted to project beyond the property line near all adjacent residential development. 4. Time Limit: This Special Permit expires two (2) years from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Approval of Staff's Revised Recommendation. Staff's Summary: Request: The applicant is requesting a zoning change from a `B -4" General Business District to a "T -IA" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1 and a "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2. The proposed uses are located on a total of 3.167 acres out of out of Anchor Harbor Tract No.1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue. • History: The subject property was zoned `B -4" General Business District when it was annexed in the late- 1970's. The original portion of the existing mobile home park located north of the subject property was developed during the 1970's when it was located outside the city limits and is a legal non - conforming use. • Proposed Uses: The applicant proposes expansion of the existing mobile home park located immediately to the north on Tract 2 which is approximately 1.272 acres of land and fronts on South Padre Island Drive. The site plan (Attachment 10) illustrates the southern portion of the existing mobile home park and the proposed mobile home park expansion. In addition, the applicant proposes a new travel trailer park to be located on Tract 1 which includes approximately 1.895 acres of land and is located to the west of Tract 2. The Planned Unit Development -2 overlay is proposed to be used on both Tract 1 and 2 to permit flexibility of site development needed to allow these proposed uses. • Zoning: The `B-4" General Business District is intended to accommodate a full range of commercial uses including retail and personal service uses. 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. The "T -1A" Travel Trailer Park District allows for the development of a travel trailer park use not less than three (3) acres with 100 feet of public street frontage. Travel trailer spaces may be rented by the day or week and only the occupant of a trailer space shall remain in the same travel trailer park not more than 180 continuous days. A "T -1B" Manufactured Home Park District allows for development of a mobile home park with a minimum size of five (5) acres in area and a minimum width of 300 feet located on a public street. The subject property contains less acreage and frontage than required by the "T -1A" and "T -1B" Districts. A "PUD - 2" Planned Unit Development 2 overlay would allow for the development of such uses on lot areas and width less than required by the Districts. -46- Agenda Memorandum Case No. 0708 -05 (Anchor Harbor Mobile Home Community) Page 3 • Existing Land Uses: Tract 1 is currently vacant and Tract 2 has two single - family residences and one office use located on it and the balance of Tract 2 is vacant. The property north of the subject property is zoned "B-4" General Business District and "A -2" Apartment House District and is currently developed with mobile home uses. The property immediately to the east and fronting on South Padre Island Drive is zoned "B -4" General Business District and is vacant and the northern portion is developed with a mini - storage facility. The property immediately to the west and fronting on South Padre Island Drive is zoned "A -2" Apartment House District and is developed with medium density residential uses. • Flood Hazard Information: The subject tract is within flood zones "A" (100 year flood plain) and "B" (area of minimal flooding) as depicted on the site plan. • Utilities: The area is served by water and wastewater. An 8" wastewater line and a 10" water line are located at the front of the property along South Padre Island Drive. • Drainage: The proposed drainage of the property is required to provide drainage of the property without exceeding the runoff flows before development. • Transportation: • The subject property is located on the north side of South Padre Island Drive approximately 500 feet west of Paul Jones Avenue. SPID is designated as an "F1" Freeway in the Urban Transportation Plan. The "F1" Freeway serves through movements of traffic between major urbanized areas, regional traffic generators, and typically serves large concentrations of major commercial centers and corridors. Service to abutting land is subordinate to the function of moving high volumes of through traffic. Traffic speed is high and "on street" bicycle traffic is prohibited. • The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system, which means there is stable flow of traffic with periodic delays. Delays per vehicle are no more than twenty seconds, but less than thirty-five seconds. Level of Service is a means to assess the performance of a road system and to quantify the Community's overall goals for road system performance. The Level of Service measure is based on traffic flow involving length of queues, traffic density (light, moderate, heavy), and congestion. This system of describing traffic conditions is hierarchical; with Level of Service A being the best and descending to Level of Service F, as traffic conditions deteriorate. The current Level of Service for South Padre Island Drive is Level D. The Urban Transportation Plan plans average daily trips for an F1 Freeway at well over 50,000 average daily trips. The average daily trips counted in 2001 by TxDOT for South Padre Island Drive was 84,930 a.d.t. The latest traffic count information for the abutting portion of the westbound frontage road of South Padre Island Drive was acquired in 2006 by the City's Traffic Engineering Department. The counts on the westbound segment of South Padre Island Drive frontage road are 30% of the design capacity of the existing two lane frontage road improvements. Street R.O.W. Street Type (Urban Transportation Plan) Paved Section *Volume South Padre Island Drive F -1 Freeway 400' ROW 84,930 a.d.t. (west of Paul Jones Dr.) (2001) *Source: TxDOT —47— Agenda Memorandum Case No. 0708 -05 (Anchor Harbor Mobile Home Community) Page 4 • Potential Nuisances: There are several potential nuisances of noise and lighting with the development of a travel trailer park use adjacent to existing medium density residential. Some noise will be generated from the movement of vehicles within the site. These nuisances may be mitigated by requiring a standard screening fence or wall adjacent to the residential use. • Security lighting for the travel trailer park is another potential nuisance when lighting is directed toward adjacent residential properties. Limiting the height of Tight poles in the travel trailer park, requiring lighting to be directed away from adjacent residential areas, and requiring cutoff shields to prevent light trespassing to adjacent residential properties. • Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as commercial. The subject property is located in the Southeast Area Development Plan. The Comprehensive Plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.). Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Southeast Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the Comprehensive Plan. Southeast Area Development Plan (ADP) - Policy Statements: • B.1 - POLICY STATEMENT The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use decisions. The intent of the proposed land use plan is to support existing and planned residential neighborhoods and related growth in the Southeast ADP areas. The plan provides for a compatible configuration of 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 Comment: The proposed development is not consistent with the Policy Statement B.1. The protection of low density residential activities from higher - intensity activities such as increased noise, environmental impacts from increased lighting, and other land use compatibility elements must be adhered to. Steps that should be taken to prevent negative impacts and promote sensitive design between different land uses include: a. 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 screening fence or masonry 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; and b. Lighting from non - residential uses should be directed away from residential areas. Comprehensive Plan - Policy Statements • Land Use Policy a.: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. -48- Agenda Memorandum Case No. 0708 -05 (Anchor Harbor Mobile Home Community) Page 5 The City Council adopted Area Development Plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The Southside Area Development Plan supports low density residential uses for the subject property. A change to commercial uses would be inconsistent with the Comprehensive Plan. However, staff can support expansion of the existing mobile home park and a small new travel trailer park on the subject property. • Residential Policy c.: COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE SENSITIVE IN DESIGN. 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: See Staff comments in Southside ADP Policy Statement B -1 above. Plat Status: The subject property is platted. Department Comments: • A change of zoning to "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 of the subject property would be consistent with the Southeast Area Development Plan which indicates as the future land use as commercial. A travel trailer park could be considered a commercial use much like a motel with transient users. However, a change to "T- 1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 on Tract 2 would be inconsistent with the Comprehensive Plan. Staff, however, can support expansion of the existing mobile home development located to the north on Tract 2 of the subject property as an expansion to the mobile home development located to the north. Notification: Of the five (5) notices mailed to the surrounding property owners zero (0) were returned in favor and one (1) (9.74 %) was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, -49-- Agenda Memorandum Case No. 0708-05 (Anchor Harbor Mobile Home Community) Page 6 rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Juan Perales, "P.E., Interim Assistant City Manager of Development Services FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (July 9, 2008) 3) Landscaping Plan (Exhibit I) 4) Rendering with 10 Year Projection of Landscaping (Exhibit 2) 5) Ordinance PIM/Project Manager I 4 Planning Director -50- CITY COUNCIL ZONING REPORT Case No.: 0708 -05 City Council Hearing Date: February 17, 2009 Applicant & Legal Description Applicant: Anchor Harbor Mobile Home Community, LLC Owner: Same Representative: Urban Engineering Address: 8100 South Padre Island Drive Legal Description/Location: 3.167 acres out of Anchor Harbor Tract No.l, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Drive Zoning Request From: "B-4" General Business District To: '7 -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1 and "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2 Area: 3.167 Total acres: 1.895 acres on Tract 1 and 1.272 acres on Tract 2 Purpose of Request: To allow for a travel trailer park on Tract 1 and expansion of an existing manufactured home park on Tract 2. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "B-4" General Business District Vacant and Low Density Residential Commercial North "B -4" General Business District and "A -2" Apartment House District Mobile Home Medium Density Residential South B -4" General Business District Commercial Commercial East "B-4" General Business District Commercial and Vacant Commercial West "A -2" Apartment House District Medium Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: Southeast ADP; The Comprehensive Plan calls for commercial use on the subject property. A change to a travel trailer park use on Tract 1 would be consistent with the Comprehensive Plan. However, a change to mobile home park use on Tract 2 would be inconsistent with the Comprehensive Plan. Staff, however, can support expansion of the existing mobile home development located to the north on Tract 2 of the subject property as an expansion to the mobile home development located to the north. Map No.: 038033, 038034 Zoning Violations: None —51— Zoning Report Case No. 0708 -05 (Anchor Harbor Mobile Home Community, LLC) Page 2 Request: The applicant is requesting a zoning change from a "B -4" General Business District to a "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1 and a "T- 1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2. The proposed uses are located on a total of 3.167 acres out of out of Anchor Harbor Tract No.1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Drive. • - History: The subject property was zoned "B-4" General Business District when it was annexed in the late- 1970's. The original portion of the existing mobile home park located north of the subject property was developed during the 1970's when it was located outside the city limits and is a legal non - conforming use. • Proposed Uses: The applicant proposes expansion of the existing mobile home park located immediately to the north on Tract 2 which is approximately 1.272 acres of land and fronts on South Padre Island Drive. The site plan (Attachment 10) illustrates the southern portion of the existin mobile home park and the proposed mobile home park expansion. In addition, the applicant proposes a new travel trailer park to be located on Tract 1 which includes approximately 1.895 acres of land and is located to the west of Tract 2. The Planned Unit Development -2 overlay is proposed to be used on both Tract 1 and 2 to permit flexibility of site development needed to allow these proposed uses. • Zoning: The "B -4" General Business District is intended to accommodate a full range of commercial uses including retail and personal service uses. 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. The "T -1A" Travel Trailer Park District allows for the development of a travel trailer park use not less than three (3) acres with 100 feet of public street frontage. Travel trailer spaces may be rented by the day or week and only the occupant of a trailer space shall remain in the same travel trailer park not more than 180 continuous days. A "T -1B" Manufactured Home Park District allows for development of a mobile home park with a minimum size of five (5) acres in area and a minimum width of 300 feet located on a public street. The subject property contains less acreage and frontage than required by the "T -1A" and "T -1B" Districts. A "PUD - 2" Planned Unit Development 2 overlay would allow for the development of such uses on lot areas and width less than required by the Districts. • Existing Land Uses: Tract 1 is currently vacant and Tract 2 has two single - family residences and a pool located on it and the balance of Tract 2 is vacant. The property north of the subject property is zoned `B-4" General Business District and "A -2" Apartment House District and is currently developed with mobile home uses. The property immediately to the east and fronting on South Padre Island Drive is zoned "B-4" General Business District and is vacant and the northern portion is developed with a mini - storage facility. The property immediately to the west and fronting on South Padre Island Drive is zoned "A -2" Apartment House District and is developed with medium density residential uses. • Flood Hazard Information: The subject tract is within flood zones "A" (100 year flood plain) and "B" (area of minimal flooding) as depicted on the site plan. "T-1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 on Tract 2. • Utilities: The area is served by water and wastewater. An 8" wastewater line and a 10" water line are located at the front of the property along South Padre Island Drive. • Drainage: The proposed drainage of the property is required to provide drainage of the property without exceeding the runoff flows before development. —52— Zoning Report Case No 0708 -05 (Anchor Harbor Mobile Home Community, LLC) Page 3 • Transportation/Traffic Impact Study: o The subject property is located on the north side of South Padre Island Drive approximately 500 feet west of Paul Jones Avenue. SPED is designated as an "Fl" Freeway in the Urban Transportation Plan. The "Fl" Freeway serves through movements of traffic between major urbanized areas, regional traffic generators, and typically serves large concentrations of major commercial centers and corridors. Service to abutting land is subordinate to the function of moving high volumes of through traffic. Traffic speed is high and "on street" bicycle traffic is prohibited. o The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system, which means there is stable flow of traffic with periodic delays. Delays per vehicle are no more than twenty seconds, but less than thirty -five seconds. Level of Service is a means to assess the performance of a road system and to quantify the Community's overall goals for road system performance. The Level of Service measure is based on traffic flow involving length of queues, traffic density (light, moderate, heavy), and congestion. This system of describing traffic conditions is hierarchical; with Level of Service A being the best and descending to Level of Service F, as traffic conditions deteriorate. The current Level of Service for South Padre Island Drive is Level D. The Urban Transportation Plan plans average daily trips for an Fl Freeway at well over 50,000 average daily trips. The average daily trips counted in 2001 by TxDOT for South Padre Island Drive was 84,930 a.d.t. The latest traffic count information for the abutting portion of the westbound frontage road of South Padre Island Drive was acquired in 2006 by the City's Traffic Engineering Department. The counts on the westbound segment of South Padre Island Drive frontage road are 30% of the design capacity of the existing two lane frontage road improvements. Street R.O.W. Street Type (Urban Transportation Plan) Paved Section *Volume South Padre Island Drive F -1 Freeway 400' ROW 84,930 a.d.t. (west of Paul Jones Dr.) (2001) *Source: TxDOT • Potential Nuisances: There are several potential nuisances of noise and lighting with the development of a travel trailer park use adjacent to existing medium density residential. Some noise will be generated from the movement of vehicles within the site. These nuisances may be mitigated by requiring a standard screening fence or wall adjacent to the residential use. • Security lighting for the travel trailer park is another potential nuisance when lighting is directed toward adjacent residential properties. Limiting the height of light poles in the travel trailer park, requiring lighting to be directed away from adjacent residential areas, and requiring cutoff shields to prevent light trespassing to adjacent residential properties. -53- Zoning Report Case No. 0708 -05 (Anchor Harbor Mobile Home Community, LLC) Page 4 • Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as commercial. The subject property is located in the Southeast Area Development Plan. The Comprehensive Plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.). Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Southeast Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the Comprehensive Plan. Southeast Area Development Plan (ADP) - Policv Statements: • B.1 - POLICY STATEMENT The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use decisions. The intent of the proposed land use plan is to support existing and planned residential neighborhoods and related growth in the Southeast ADP areas. The plan provides for a compatible configuration of 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 Comment: The proposed development is not consistent with the Policy Statement B.1. The protection of low density residential activities from higher - intensity activities such as increased noise, environmental impacts from increased lighting, and other land use compatibility elements must be adhered to. Steps that should be taken to prevent negative impacts and promote sensitive design between different land uses include: a. 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 screening fence or masonry 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; and b. Lighting from non - residential uses should be directed away from residential areas. Comprehensive Plan - Policy Statements • Land Use Policy a.: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted Area Development Plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. -54- Zoning Report Case No. 0708 -05 (Anchor Harbor Mobile Home Community, LLC) Page 5 Staff Comment: The Southside Area Development Plan supports low density residential uses for the subject property. A change to commercial uses would be inconsistent with the Comprehensive Plan. However, staff can support expansion of the existing mobile home park and a small new travel trailer park on the subject property. • Residential Policy c.: COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE SENSITIVE IN DESIGN. 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: See Staff comments in Southside ADP Policy Statement B -1 above. Plat Status: The subject property is platted. Department Comments: • A change of zoning to `T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 of the subject property would be consistent with the Southeast Area Development Plan which indicates as the future land use as commercial. A travel trailer park could be considered a commercial use much like a motel with transient users. However, a change to "T- 1B" Manufactured Home Park District with a "PUD-2" Planned Unit Development -2 on Tract 2 would be inconsistent with the Comprehensive Plan. Staff, however, can support expansion of the existing mobile home development located to the north on Tract 2 of the subject property as an expansion to the mobile home development located to the north. Staff Recommendation: Approval of the "T -I A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 on Tract 2 and subject to a site plan and the following four (4) conditions: 1. Uses: The only uses permitted by the Special Permit are those uses included in the `T -1A" Travel Trailer Park District on Tract 1 and uses included in the "T -1B" Manufactured Home Park District and the two existing single - family uses and the existing office on Tract 2 of the subject property. 2. Screening: A standard screening fence six feet in height is required adjacent to the medium density residential use located to the west. This screening fence shall be in place within one (1) year of the approval of this ordinance. —55— Zoning Report Case No. 0708 -05 (Anchor Harbor Mobile Home Community, LLC) Page 6 3. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. A maximum of one lumen of light is permitted to project beyond the property line near all adjacent residential development. 4. Time Limit: This Special Permit expires two (2) years from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Planning Commission Recommendation: Pending. d E;, E L) Number of Notices Mailed — 5 within 200 foot notification area; 6 outside notification area. Favor — 0 (inside notification area); 0 (outside notification area) *Opposition — 1 (inside notification area); 0 (outside notification area) (As of July 18, 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. Ownership List 9. City Charter — Article V- Planning 10. Site Plan 11. Zoning District Uses H:\PLN- DIR\SHARED \l. Planning Commission\2009 CC \ Feb '09 \ 0708-05 CITY COUNCIL ZONING REPORT.doc —56— CASE # 0708 -05 1. NEIGHBORHOOD - 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com com 1 OCATION MAP TA W< D. SUBJECT •'"— ^ PROPERTY iilh C ity of Corpus Christi Tract 2 SUBJECT PROPER TY 0 200 400 800 Feet 01 30 09 Prepared By: SRR Department or Development Services CASE # 0708 -05 2.a.NEIGHBORHOOD - EXISTING LAND USE Estate Residential - ER - Light Industrial - Id Low Density Res. - LDR Het . y industrial - H1 qed Density Res. - MDR l= _P I Public Semi - Public - PSP Nigh Density Res. - NOR I Park 1 LH-, 1 Moti!F Home - MH 09 Drainage Corridor - DC vacant - VAC -nf Dredge Placement - DP 00 Professional Office- PO Water Commercial - COM GP Conservation/Preservation - CP SUBJECT PROPERTY LOCATION MAPS i* City at Or pus chricti s' ak Or 10 dy Departmen at Derc•onr':r; CASE # 0708 -05 2.b. SITE - EXISTING LAND USE EP : Estate Residential- ER Low Density Res. - LDR vied Density Res. - MDR Nigh Density Res. - HDR 1 MoLi!P Home - MH iv. iv.1 Vacant - VAC I 00 I Professional Office - PO Commercial - COM '_7Pub Industrial - Ll Her, y Industrial - HI 1 ==" I Public Semi - Public - PSP �r Park Drainage Corridor - DC Dredge Placement - DP Water P Conservation /Preservation - CP SUBJECT PROPERTY ]LOCATION MAPS CCA' HALER PA RP, TiacI CDt' LDR COLS' ^.).5F R '41 FOP ! \ \L L., r�'DR / 0 200400 ateet �� �� �> ' -- MOR WATER Of 3009 Prepatec B)': SRR Department of Developmen! Services CASE # 0708 -05 3.a. NEIGHBORHOOD - FUTURE LAND USE AP i Agricultural /Rural • AR nr. - Tor.. ist- TOR f E I Estate Residential - ER I ` Re- search /Business Park - RE [LORI Low Density Res. - LDR Lag: `(Industrial -LI Med Density Res.. MDR I - - eavy Industrial - HI MI High Density Res. - NOR _ Put is Semi- Public - PSP 1 'fir , tie Home - MH [ Park - 1 7acant -VAC f - nage Corridor - DC 'rofessionai Office - PO "r Dredge Placement - DP rnmerciel - COM [ Water CP C servation /Preservation • CP Transportation Plan �., Proposed Arterials Collectors - - -- Expressways =sun Parkway -H- + Railroad ]LOCATION MAPS _ SUBJECT PROPERTY City Ot C; II pus Cvirsti CP 00 MCI? MDR COM r�r CC 4f 0 FF6' oJp Caa CCCbi t LOR CGh' Or m s:. ss CASE # 0708 -05 3.b. SITE - FiliTiRE LAND USE f AP 1 Agricultural /Rural - AR _, HI Tourist - TOR Estate Residential - ER Val Low Density Res. - L OR f Med Density Res. - MDR High Density Res. - HOR Mobile Home - MH Vacant - VAC Prom asional Office - PO 'crm! Commercial - COM Transportation Plan -. c4'g Proposed Arterials - - - -_ Collectors - - - -• Expressways sut:st Parkway Railroad c01 Re ' ?arch /Business Park - RBP I I • tit Industrial - LI - h' avy Industrial - 1-11 - -1 Public Setni- Public - PSP I. j Park DC 1 Drainage Corridor - DC DP Dredge Placement - DP 1 Water up Cnnserval /on/Preservation - CP SUBJECT PROPERTY ]LOCATION MAPS ■ i City OT On pus Christi CASE # 0708 -05 4. SITE- 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at vA.Aucctexas.com 1 OCATION MAP TA WIC D. i :a SUBJECT •'�'` PROPERTY iilh C ity of Corpus Christi R-1 B `LOUR SLtB'FF & EPo TR -1 NUDGER TR. A_2 ANCHOR HARBO 26 OLIDAYADDITIO B -4 77. NT PEJ Y PL ACE ANNEX E .Q O 400 8 0,, /// Feekw'L EARY PLACE U i / Department of De pared By MBB t Services 4-1 —14 A-2 AE 45 8-1 222 D2 8-24 8-4 83 8-4 225 BD F- FR HC CASE # 0708 -05 5. SUBJECT CASE A8214e66H0u18 Datoct 484,26266 House 548181 Ac 'k'wse Daniat P eReeteee 1 Office CeHner ApaetriePt 1214311 DlsPnnct Welg torhooa. 6lslness Dsyln[ NeEAborhoodEcErese Disyrct 84)42,11 For4 844,4484 D ct d eeAr istacelaarreos P211et AuHrese Dlsnl1t Gnagi 6ufiness Drat lct ▪ ar y auvnessQV 2ct ▪ '8 anece Care DFttt Crepes Ch0INl D4sycn DS: Fare Rao-0022d to 442748442 74446162H Y FH-62-m flan 44824118866622 DlsPrict I -2 218518144224iDenct a y loseHoelECotca HUD lEarred One D reboment 414 one Famly OweTng LU.Mlet P_ -18 One Pamlly 022468 D22,2 R-42 One Fe ro4 Dw 1. g Dlsptct R2 Knple De111gDo-¢( RA One FaralyreoeCeAr DAPiet R R eolde ba I 8414.4 DocCoot R-TH rowneccae DJJlra DLra 2. Special Pem✓t 7 7 18 4rofeotiler Home Perk 8 T10 Narafect?#dH .D21loe -t9 �Dafrlst lured HOrn4:nibNrlavan D�svle! SUBJECT PROPERTY o ()CATION MAP R_IB 'LOUR SLiPFF & SPo TR -1 HUSLER TR. A -2 ANCHOR HARED 26 OLIDAY ADDITIO 1 a B -- 4 77. NT PE51R"Y PL ACE ANNEX E 400 8 0,, // FeekliF1 EAR)/ PLACE U 4:T pared By M88 t Services Department of De CASE # 0708 -05 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP 4 -t Apartment House Dishct 4 2 Apartment House e Detect Detect AB Apartment House 1 AT ApartmenEToul +se Dtstrd B -1 N D +Imdeusu : Dern,' 8 -1A AleXou heed BUSX. tre' 9 -2 .Bayfrear Bauffesa Ce384 B-2A Baxer .land Xeres.: Dewar .B B5338e53 Oietect - S General desiness.Dukrot B-6 PritleryEusHess CcreD B 6 PI'Ln'ary EVS'resS(Ulz DkbM[ 80 Cowes Chdsli Beach X'gn feet 8-8 Faun Rural Dlsrmt HC Hlston'ca 1- 3U2mal Land'nalk PIesevauon 1®1 -1 LaTaled lntlusfral Oisgict -2 Lvht mdcsvial D1.alcl L peeped UltrDevetpm P-IA 11 ne Panel!'exam°Dose 8-18 Sae Pyn13J8we8t 9islnct P 18 6'e FanJty g 3friO 8-1C Ore 8388 I sCSPict P 1481.51 DIM I gDSbMt RA 05e bv.e832533331 ese lentral es:e:= csc -;ct Taaaphouse 8weiefa 0ss3:cl SP Specel Perm! 8-1A Tea eel 18 'aae1 Porn 031111 7518 10 faxed Pa'kfls &ct 8 -10 Manufoimzd Home SuhdIv13cn DISGk:. u C Proper,/ Ov.nas wi:11 DD buffer In favor A Own 20n'hated ea X 0 1916 attached ow nerelap table aoppositron SUBJECT PROPERTY ()CATION MAP HUB TR. A -2 HOR HA B £) R' TR -1 v 2; AY/ D!T(r4N -/ t // 1 -A f / r2) j B -4 PEAR To i 7, 030 BAY BU S !NES ENTEF ACE ANNEX l Jf�/� 2-C FL Ol1R/BLUFF CASE # 0708 -05 REQUESTED COUNCIL ACTION EXHIBIT A From: B -4 To: T- 1A /PUD -2 (TRACT 1) T- 1B /PUD -2 (TRACT 2) ORDINANCE: NC aAR RLA 1/20'2009 ated5y SRR Oi�SefMMcS City of Corpus Christi COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0708 -05 Name: Anchor Harbor Mobile Home Community, L.L.C. Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 11 1 I. Notices returned from within the200 -foot notification area: Favor: 0 Opposition:. 1 (9.74%) #4, Benito and Melissa Barrera, P.O. Box 270775 — "I do not want my property to be effected in the future!" II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners/applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIt\SHARED\Beverly\2008 PC2008 Public Comments \0708 -05.doc —69— • N -YM +00 1 2ginj iiiQ}i }QiliiQ2illif 1 1111H Min AAAVVA Ja -Yii � O N N L N N N 11 1 It t if WE d8 -70— 1111 AAAAV e !s Agenda Memorandum Case No. 0708 -05 (Anchor Harbor Mobile Home Community) Page 9 City Charter - Article V ARTICLE V. PLANNING See. I. Purpose and Intent. The city coundl 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 are the most appropriate and benefidal use of land, water and other natural resources, consistent with the public interest. See. 2. Orientation of Manning Commission. A planning commission Is hereby established which shall consist of nine registered voters of the dty. The members of the commission shall be appointed by the dty coundl 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 leas than once each month. Any vacancy In an unexpired term shall be filled by the dty coundl for the remainder of the term. See. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city coundl regarding the adoption and Implementation of a comprehensive plan, any dement or portion thereof, and any amendments thereto; (2) Review and make recommendations to the dty coundl on all proposals to adopt or amend land development reguladons for the purpose of establishing conabnancy with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendatlorss to the council on any amendments to the plan, and forward to the coundl comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning flanges In a manner to insure the consistency of any such zoning or changes In zoning with the adopted comprehensive plan; (5) Exordia control over plaWrng and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city In a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the dty's annual budget and any capital Improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in fbmishing 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 coundl and such additional dudes and exercise such, additional powers as may be presaibed by ordinance of the council. See. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall m an constitute the master and general plan of the city. The comprehensive plan shall contain the dty'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 -72- comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and fadlities element, which shall include a capital Improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable In order to further the above objectives. Each element of the comprehensive plan shall indude policies for its Implementation and shall be Implemented, In part, by the adoption and enforcement of appropriate land development regulations and other ordinances, polides and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the dty manager, who shall submit such plan, or element or portion thereof, to the city coundl 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 dty coundl shall act on the plan, or element or portion thereof, within sixty days following Its submission by the dty manager. If the plan should be rejected by the coundl, 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 dty manager and shall be subject to review and adoption In the same manner as for the original adoption of the comprehensive plan as 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 permk to construct or enlarge any house or structure within the city until a plat shall be approved and filed. —73— - 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, ere 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 shall be used only for the following purposes: (1) Any use permitted in the 13-1" Neighborhood Business District. (2) Amusement place in en 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) ( 5) 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) (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 B-4 -74- - 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 off-street loading regulations for permitted uses are contained in Article 23. Seetiors 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 -IA ", "R- IB ",'R -IC" `R -2 ", "A -1 ", "A -IA ", 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 ", "R -1B ", "R -1C" "R -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 -75- - 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-I" 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 comunercial 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 further 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) ( 8) 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 arca 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: 02/08 B-1 -76- - 50 - 12 -5.01 There shall be s side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R- IC", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 12 -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", "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. Section 12-6 Supplementary height and area regulations are contained in Article 27. 02108 B -1 -77- - 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 refaced 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 Repletion'. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -IA" 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) Thee 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. 62/118 ( 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 are 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; -78- 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 (13) of this section; and (c) 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 will signs are allowed and farther 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 Regulation The parking regulations for permitted uses are contained in Article 22. Section 11-4 eff t Ong �Jatkrns. The off-street loading regulations for permitted uses are contained Section 11 -5 Height, Ana, and Bunk Regulations. The height, area, and bulk requiranents 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 sororities where no cooking facilities are apply to al moms fraternities, or provided in individual rooms or apartrnents. Section 11-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/00 -79- 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 eff pared to in it is article, are the regulations in the "R -1A" One -family Dwelling District. The purpo se of 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 ble with residential surroundings. The district is located to protect existing de elo pent of high chancier rule for such development in the development of high craracta and contains vacant land considered approp future. Section 5-2 Use Regnletioas. A building or premises shall be used only for the following purposes: or nursery for growing or propagation of plants; trees and shrubs, but not (cl Truck garden, orchard, sale �� or � anima fish or other creatures to such an including the be rasing for -sbe to buds ban residences by reason of odor, noise, or other factors, and extent d to et objr wholesale to surrounding office on the premises. provided no retail or wholesale business office or store is maintained ( 2) Single -family dwellings other than manufactured Ironies. (Ordinance 22851, 02/18197) ( 3) Churches and parish halls, temples, convents, and monasteries. schools, having a curriculum and conditions under which Colleges end is conduct public and ttoa public school and institutions of higher laming. In connection wthh teaching a use u conducted Ws acf� to a pat be used for signs, excluding portable with the use of such premises feet t collage or school, tho identifying may permitted educational or related signs. which are within 100 fed of a public stmt for identifying any athletic facility or publicizing related educational events provided that no sign amain any conunercial or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a message such sign does not incorporate flashing, moving, or public street am Perrone. be number ut re of sig s and sq of ible sign area is not otherwise limited. A y sigh not i The with and square fifforbng a usof colleges and schools described herein Any sign not in compliance stats with ton oar g sign upon the registration of such sign with the Build) shall ci panted his des status re of a senconfwmihB Bo P Building �� or � �� represahtehve 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 11 ,1989; (b) that the sign is used to identify or publicize educational o; . :Med athletic events; (c) the location of the sign; and (d) the pace ntage of total sign area which is used nr t.:. =mod to a commercial logo or commercial message. raph shall �. = '- -� •^ the provisions of All signs mnt-t as nonconforming sign Pursu=it to this paraB sari 1 26-11 Nonoonn ntEf s ordinance. 12/08 (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 �courses, pputtipeens, driving r n and similar activities operated as a business), nonprofit, nongovernmental pub recreation, and community buildings. -80- R -1A - 26 - ( 8) 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 Sling, 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, hive, 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 (5) 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 limitation 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 Parldag Replad— , The parking segulationsfor permitted uses are contained fn Article 22. Section 5-4 Off-street Loading Regulation. The off- street loading regulations for permitted uses are contained in Article 23. 02/08 R -IA -81- -27- Section 5-5 Height, Mn, and Bulk Regulations. Height, area, and bulk requirements shall be u 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 some force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -IA" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1 B" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. NAM -82- R -1A - 34 - ARTICLE 7A. "T -LA" TRAVEL TRAILER PARK DISTRICT REGULATIONS Section 7A -1 The regulations set forth in this article, or set forth elsewhere in this ordinance when referred to in this article, are the regulations of the "T -IA" Travel Trailer Park District, "T -1B" Manufactured Home Park District, and "T -1C" Manufactured Home Subdivision District. These districts are intended to preserve appropriate land for the development for single- family residences utilizing manufactured home parks and subdivisions and also for the development of tourist accommodations which utilize travel trailer perks. Manufactured homes and travel trailers shall be restricted to the zoning districts named in this section. U shall be unlawful for any person to construct, alter or extend any travel trailer park, manufactured home park, or manufactured home subdivision area within the limits of the City of Corpus Christi unless he holds a valid building permit issued by the City Building Official in the name of such person for the specific construction, alteration, or extension proposed. Also all plans for specific construction, alteration, or extension of a travel trailer park, manufactured home park, or manufactured home subdivision shall have been submitted, reviewed and approved by the Building Inspection Division according to the procedures established by the Platting Ordinance and all other applicable ordinances of the City of Corps Christi before the permit is issued by the Building Official. (Ordinance 22851, 02/18/97) Section 711-2 Use Repletion of the "T-IA" Travel Troller Park District. An area or premises shall be used and developed according to the following regulations: ( I) A permit to construct, alter or extend any travel trailer pule area may be issued only when such area is located within the appropriate zoning district as provided for in this Ordinance and such area consists of at least The (3) acres in size with a minimum frontage of one hundred (100) feet located on a public street or highway, provided, however, such area occupied by a travel trailer park may be leas than three (3) acres in size if operated in conjunction with, in the same ownership of; and contiguous to or directly across a public right-of-way of not more than one hundred twenty (120) feet in width, from a motel or mobile home park operation both of which constitute three (3) acres or more in size meeting all zoning ordinance requirements. ( 2) Trailer spaces shall be rented by the day or week only and the occupant of a trailer space shall remain in the same travel trailer perk not more than one hundred eighty (180) continuous days. (3) Exposed ground surfaces in all parts of a travel trailer park shall be paved or covered with screening or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust. (4) Access to the travel trailer park shall be from a public street or highway, number and location of access drives shell be controlled for safety and protection of personal property. No travel trailer space shall be desiped for direct access to a street outside the premises of the travel trailer park. Interior access drives shall be paved and maintained in a smooth hard and dense surface which shall be well drained. (5) Internal access drives shall meet the following requirements: One-way, no Wig 11 feet (Acceptable only if less than 500' total length and serving less than 25 trailer spaces.) One -way, parking on one side only, or two-way, no parking 18 feet (Acceptable only if serving less than 50 trailer spaces.) Two-way, no parking 24 feet 02/118 T -1 -83- 02/08 -35- Two-way, parking on one side only 27 feet Two-way, parking on both sides 34 feet ( 6) Each travel trailer space shall provide sufficient parking and maneuverability spay so the parking, loading or maneuvering of trailers incidental to parking shall not necessitate the use of any public street, sidewalk, or right -of -way or any private grounds not part of the travel toiler park. ( 7) There shall be no minimum lot area for a travel trailer space in a travel trailer park except that trailers shall be so harbored on each space that there shall be at least a 10 -foot unobstructed clearance between travel trailers provided, however, that no part of a travel trailer shall be located closer than twenty (20) feet to any building within the park nor closer than five (5) feet to any access drive. There shall be no more than twenty-five (25) travel trailer spaces per acre of gross she arcs. ( 8) The travel trailer park shall be screened from public streets, highways, and adjacent property by a standard screening fence, unless this requirement is modified or waived by City Council action after a hearing and recommendation of the Planning Commission in accordance with the provisions of Article 30 and Section 33 -3.02. (Ordinance 23016, 07/29/97) (9) In all travel trailer parks, there shall be at last one recreation area which shall be accessible from all spices. The site or sites of such recreation area or areas shall total not less than eight percent (8%) of the gross site area. (10) Outside lighting shall be erected in such a manner that it not be detrimental to or project onto adjacent propaties, and any outdoor identification sign shall not utilize or incorporate flashing, moving, or intermittent illumination, shall not exceed ten (10) feet in height, shall not overhang or project into the public right -of- way, and shall not exceed thirty (30) square feet in arse, indicating only the use of the premises. If such sign is located on a building, it shall not project more than eighteen (IB) inches from the wall of the building or structure, and shall not extend above the height of the building. (11) The travel trailer park shall conform to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code, and Electrical Code. (12) Storage, collection and disposal of refuse in the travel trailer park area shall be so conducted as to crate no health hazards, rodent harborage, insect breeding eras, accident or fire hazards, or air pollution. All refise shall be stored in fly- tight, wax-tight, and rodent -proof containers, which shall be located not more than one hundred fifty (150) &et from any trailer space. (13) The travel trailer park area shall be subject to the rules and regulations of the Corpus Christi fire prevention authority. A travel trailer park exceeding she hundred (600) fat in depth shall be required to install a 6-inch fin main, looped if possible, located within the travel trailer park and installed at or near the edge of the paving in a dedicated easement or fire lane. Fire hydrants shall be located along the main so as to make fire protection available to all surface property in the travel trailer park. This Scility is to be installed at the developer's expense and maintained by the City. Metered service connections are to be provided from the fire main as approved by the Water Supxiorcndem. (14) The owner of the travel trailer park area shall at all times operate the travel trailer park in compliance with this Ordinance and shall provide adequate supervision to maintain the travel trailer park area, its facilities, and keep equipment in good repair and in a clean and sanitary condition at all times. (Ordinance 22851, 02/18/97) -84- T -1 - 36 - (15) Any of the following uses provided such uses are accessory to the use of the property as a travel trailer park and do not occupy more than 113 of the area within the travel trailer park development (a) Barber shops; (b) Beauty parlors; (c) Dry cleaning receiving stations; (d) Self- service laundries (clothing or car wash); (e) Drive -in restaurant, restaurants with or without alcoholic beverages, but excluding taverns, lounges, and bars. (t) Convenience grocery stores of less than 4,000 square feet (g) Child care centers; (h) Filling stations. None of the above described uses shall be allowed to operate in travel trailers or manufactured homes. (Ordinance 22851, 02/18/97) (16) A single-family dwelling unit or manufactured home for resident watchmen or caretakers employed on the premises is permitted. (Ordinance 22851, 02/18/97) (17) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) Section 7A -3 Use Denudation' of the °T-1B" Manufactured Home Park District. An area or premises shall be used and developed according to the following regulations: ( 1) A permit to construct, alter, or extend any manufactured home park area may be issued only when such area is located within the appropriate zoning district as provided for in this Ordinance and such area consists of at (east five (5) acres in size with a minimum width and/or depth of three hundred (300) feet located on a public street or highway. ( 2) Exposed ground smfirces in all parts of a manufactured home park shall be paved or covered with screening or other solid material or protected with a vegetative growth that is capable of preventing son erosion and eliminating objectionable dust. (3) Access to the manufactured home park shall be from a public street or highway, number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, no manufactured home space shall be designed for direct access to a public street outside the boundaries of the manufactured home park, and the interior access drives shall be paved and maintained in a smooth hard and dense surface which shall be well drained. ( 4) Internal access drives shall not be less than twenty-five (25) feet wide. (5) There shall be no minimum lot area for a manufactured home site in a manufactured home park, however, there shall be no more than twelve (12) manufactured home spaces per acre of gross site area The minimum side- to-side unobstructed clearance between manufactured homes shall be twenty (20) feet except where an open carport or porch is located contiguous to a trsanufacnued home, a minimum ten (10) foot unobstructed clearance is allowed between the manufactured home 02/08 T -1 -85- - 37 - and the outer edge of the open carport or porch. End -to-end clearance between manufactured homes shall be no less than ten (10) feet, and no part of a manufactured home shall be located closer than twenty (20) feet to any building within the park nor closer than five (5) feet to an access drive. ( 6) The manufactured home perk shall be screened from public streets, highways, and adjacent property by a standard screening fence, unless this requirement is modified or waived by City Council action after a hearing and recommendation of the Planning Commission in accordance with the provisions of Article 30 and Section 33 -3.02. (Ordinance 23016, 07/29/97) ( 7) Off-street parking spaces in manufactured home parks shall be provided in the ratio of one and one-half (I -I/2) spaces pa manufactured hone in locations convenient to individual manufactured homes or groups of mobile homes. ( 8) The manuSctu ed home park shall confonn to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code and Electrical Code. ( 9) A manufactured home park exceeding six hundred ( 600) feet in depth shall be required to install a 6-inch fire main, looped if possible, located within the manufctured hone park and installed at or neer the edge of the paving in a dedicated easement or fire lane. Fire hydrants shall be located along the main so as to make fire protection available to all surface property in the manufactured home park. This facility is to be installed at the developer's expense and maintained by the City. Metered service connections are to be provided for the fire main as approved by the Water Superintendent (10) Outside lighting shall be erected in such a manner that it not be detrimental to or project onto adjacent properties. (11) Advertising shall be restricted to one illuminated identification sign which shall not utilize or incorporate flashing, moving, or intermittent illumination, shall be placed flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure, and shall not extend above the height of the building. The sign area shall not exceed fifteen (15) square feet, and shall indicate only the name and address of the premises and the management thereof. (Ordinance 22851, 02/18/97) Section 7A-4 Use Regulations for "T -1C" Maarfact ared Home Subdivision District. An area or premises shall be used and developed according to the following regulations: ( 1) A permit to construct, alter or extend any manufactured home subdivision area may be issued only when such area is located within the appropriate zoning district as provided for in this Ordinance and such area consists of at last eight (8) acres in sin with a minimum width and/or depth of three hundred (300) feet located on a public street or highway. ( 2) In a manufctured home subdivision, the subdivision shall meet all City requirements as set forth in the Corpus Christi Platting Ordinance and shall also conform to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code and Electrical Code. (3) The area of a lot in a manufactured home subdivision shall be 4,500 square feet A minimum lot size requirement does not apply as such if a manufactured home subdivision is developed under the regulations of Article 28, Planned Unit Development, of this ordinance. ( 4) In addition to the requirements of Item (3) above, there shall be no more than eight (8) manufactured homes per acre in a manufactured home subdivision Furthermore, there shall be a minimum front yard of twenty (20) feat, a minimum rear yard of to (10) feet, and a minimum side yard of six (6) feet, with a total unobstructed side yard requirement of twenty (20) feet. 02/03 -86- T -1 02/08 - 38 - (5) Unless modified or waived by City Council action, after a hearing and recommendation by the Planning Commission, the manufactured home subdivision shall be surrounded by a standard screening fence in which case such fence shall become a part of abutting lots, unless otherwise designated u part of the common open space in accordance with the provisions of Article 30 and Section 33 -3.02. (Ordinance 23016, 07/29/97) ( 6) In manufactured_ home subdivisions them shall be at least two (2) off - street parking spaces per lot. ( 7) Temporary non - illuminated signs shall not be more than four (4) square feet in area pertaining to the lease Or sale of a HUD -code manufactured home or premises on which such sign is located. (Ordinance 22851, 02/18/97) -87- T -1 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday July 09, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Vice- Chairman John C. Tamez Atilano J. Huerta Johnny R. Martinez James Skrobarczyk Evon J. Kelly David Loeb Govind Nadkarni ABSENCES: R. Bryan Stone, Chairman I. CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Pereles, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel Sa ldafia, Special Services Chip Baish, P.E., Special Services Bob Payne, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Assistant City Attorney Beverly Lang- Priestley, Recording Secretary In the absence of Chairman Stone, Vice - Chairman Garza declared a quorum was present and called the meeting to order at 5:33 p.m. B. ZONING 1. New Zoning c. Case No. 0708 -05 Anchor Harbor Mobile Home Community, L.L.C.: A change of zoning from a "B-4" General Business District to a "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1 resulting in a change of land use from commercial to travel trailer park and from a "B-4" General Business District to a "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2 resulting in a change of land use from commercial to manufactured home park Being 3.167 acres out of Anchor Harbor Tract No. I, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue Mr. Mic Raasch presented the above case via Point Power stating the applicant is Anchor Harbor Mobile Home Community located at 8100 South Padre Island Drive, which is located on the north side of South Padre Island Drive, approximately 500 feet to the west of Paul Jones Avenue. The request is for a change of zoning from a "B -4" General Business District to a "T- 1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1 and from a "B-4" General Business District to a "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2. The site plan illustrates the southern portion of the existing mobile home park and the proposed mobile home park expansion on Tract 2. Mr. Raasch stated the current use is a grandfathered use from the 1970's. In addition, the applicant proposes a new travel trailer park to -88- Planning Commission Minutes July 9, 2008 Page 2 be located on Tract 1 which includes approximately 1.895 acres of land and is located to the west of Tract 2. The Planned Unit Development -2 Overlay is proposed to be used on both Tract 1 and 2 to permit flexibility of site development needed to allow these proposed uses. Mr. Raasch stated the existing land use is such that Tract 1 is currently vacant and Tract 2 has two single - family residences, an office and a pool located on it and the balance of Tract 2 is vacant. The property north of the subject property is zoned `B-4" General Business District and "A -2" Apartment House District and is currently developed with mobile home uses. The property immediately to the east and fronting on South Padre Island Drive is zoned "B -4" General Business District and is vacant and the northern portion is developed with a mini - storage facility. The property immediately to the west and fronting on South Padre Island Drive is zoned "A -2" Apartment House District and is developed with medium density residential uses. 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. The "T -1A" Travel Trailer Park District allows for the development of a travel trailer park use on not less than three (3) acres with a minimum of 100 feet of public street frontage. Travel trailer spaces may be rented by the day or week and only the occupant of a trailer space shall remain in the same travel trailer park not more than 180 continuous days. A "T -1B" Manufactured Home Park District allows for development of a mobile home park with a minimum size of five (5) acres in area and a minimum frontage of 300 feet located on a public street. The subject property contains less acreage and frontage than required by the "T -IA" and "T -1B" Districts. A "PUD - 2" Planned Unit Development 2 overlay would allow for the development of such uses on lot areas and width less than required by the Districts. Staff recommends approval of the "T -1 A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 on Tract 2 and subject to a site plan and the following four (4) conditions: 1. Uses: The only uses permitted by the Special Permit are those uses included in the "T- IA" Travel Trailer Park District on Tract 1 and uses included in the "T -1B" Manufactured Home Park District and the two existing single- family uses and the existing office on Tract 2 of the subject property. 2. Screening: A standard screening fence six feet in height is required adjacent to the medium density residential use located to the west. This screening fence shall be in place within one (1) year of the approval of this ordinance. 3. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. A maximum of one lumen of light is permitted to project beyond the property line near all adjacent residential development. 4. Time Limit: This Special Permit expires two (2) years from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Mr. Raasch stated that of the five public notices mailed to property owners within 200 feet of the subject property, zero were retumed in favor and one was received in opposition. In response to Commissioner Skrobarczyk, Mr. Raasch stated that all mobile home parks are required to be screened from any public roadway and the existing fence will remain in place, with an additional fence required next to the adjacent apartments. -89- Planning Commission Minutes July 9, 2008 Page 3 In response to Commissioner Loeb, Mr. Raasch stated that any reference to a "special permit" is in error and that no special permit is required in establishing a PUD -2 Overlay. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Commissioner Skrobarczyk motioned for approval of staff recommendation and was seconded by Commissioner Tamez. Commissioner Loeb amended the motion to change any reference to "special permit" to "PUD" and to alter the "no lighting permitted" to "one foot candle ". Commissioner Skrobarczyk seconded the amendment. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. -90- -91- Agenda Memorandum Case No. 0708 -05 (Anchor Harbor Mobile Home Community) Page 8 -92- Agenda Memorandum Case No. 0708 -05 (Anchor Harbor Mobile Horne Community) Page 9 Pt-p Lz ceana /S-t z&-E re.c r.detCcn Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ANCHOR HARBOR MOBILE HOME COMMUNITY, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.167 ACRES OUT OF ANCHOR HARBOR TRACT NO. 1, FROM "B-4" GENERAL BUSINESS DISTRICT TO "T -1A" TRAVEL TRAILER PARK DISTRICT WITH A "PUD -2" PLANNED UNIT DEVELOPMENT -2 OVERLAY ON TRACT 1, RESULTING IN A CHANGE OF LAND USE FROM COMMERCIAL TO TRAVEL TRAILER PARK, AND FROM "B-4" GENERAL BUSINESS DISTRICT TO "T -1B" MANUFACTURED HOME PARK DISTRICT WITH A "PUD -2" PLANNED UNIT DEVELOPMENT -2 OVERLAY ON TRACT 2 RESULTING IN A CHANGE OF LAND USE FROM COMMERCIAL TO MANUFACTURED HOME PARK; SUBJECT TO A SITE PLAN AND FIVE (5) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Anchor Harbor Mobile Home Community, 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, July 23, 2008, during a meeting of the Planning Commission, on Tuesday, September 9, 2008, and on Tuesday, February 17, 2009, during meetings of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 3.167 acres out of Anchor Harbor Tract No. 1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue, from "B-4" General Business District to a "T -1A" Travel Trailer Park District, with a "PUD -2" Planned Unit Development -2 Overlay, on Tract 1, resulting in a change of land use from commercial to travel trailer park, and from "B-4" General Business District to "T-1B" Manufactured Home Park District, with a "PUD -2" Planned Unit Development -2 Overlay, on Tract 2, resulting in a change of land use from H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda\2- 1714D-05 AnchorHarborMobileHome PUD-2- Applicant- staff.doc 4 Page 2 of 4 commercial to manufactured home park, subject to the attached site plan and five (5) following conditions: (Zoning Map 038033, 038034) (Exhibit A) 1. Uses: The only uses permitted are those uses included in the "T -1A" Travel Trailer Park District on Tract 1, and uses included in the "T-1B" Manufactured Home Park District and the two existing single - family residential uses and one office use on Tract 2 of the subject property. 2. Landscaping Plan: The owner shall install and maintain landscaping in accordance with the attached landscaping plan (Exhibit 1) both in the area along the frontage road as well as the area behind the fence within the mobile home community. The specifications and conditions of installation of the landscaping are detailed on the landscaping plan. The rendering attached as Exhibit 2 illustrates the landscaping consultant's projection of the appearance of the landscaping from the adjacent freeway within 10 years. 3. Screening: The screening fence six feet in height along the frontage road on the south side of the property shall be maintained and painted in a manner consistent with the masonry and wood entrance structure. A standard screening fence six feet in height shall be maintained adjacent to the medium density residential use located to the west. 4. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. A maximum of one foot candle light is permitted to project beyond the property line near all adjacent residential development. 5. Time Limit: This Planned Unit Development -2 Overlay expires two (2) years from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. In the event that in the future use of the property for the purposes outlined in Condition #1 is relinquished by the owner, this Planned Unit Development -2 Overlay expires. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to.conform to the Zoning Ordinance, as amended by this ordinance. H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda\2- 17 \QL195oaing0708 -05 AnchorHarborMobileHome PUD- 2- Applicant. staff.doc Page 3 of 4 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 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 day of February, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 9, 2009 eborah Walther Assistant City Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi H:\ LEG- DIR\Shared \LEGAL- DEV.SVCS\2009 Agenda \2- 17 \QRD_zoning070B -05 AnchorHarbOrMobileHome PUD-2- Applicant- staff.doc _ 96 Page 4 of 4 Corpus Christi, Texas day of , 2009 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. I /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 Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:LLEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\2- 17 \Orelaning0708 -05 AnchorHarborMobileHome PUD- 2- Applicant- staff.doc LOUR BLUFF & ENC NOBLER TR •NCNOR N4RBOY 4Sa 5 8401 0 0 BAY SUSIN SS CENTE eprer/By:MBE PEA Y PLACE U {T f BepIRIMIBUf• SPulps CASE # 0708 -05 Applicant Request and Staff Recommendation From: "B-4" To: PUD 11 and Five Conditions with a base zoning district of: "T -1A" on Tract 1 "T -1B" on Tract 2 Ordinance No.: SUBJECT PROPERTY -98- LOCATION MAP Agenda Memorandum Case No. 0708 -05 (Anchor Harbor Mobile Home Community) Page 9 -100- Rio" v1r r C . Cape de Cora Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ANCHOR HARBOR MOBILE HOME COMMUNITY, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.167 ACRES OUT OF ANCHOR HARBOR TRACT NO. 1, FROM "B-4" GENERAL BUSINESS DISTRICT TO "T -1A" TRAVEL TRAILER PARK DISTRICT WITH A "PUD -2" PLANNED UNIT DEVELOPMENT -2 OVERLAY ON TRACT 1, RESULTING IN A CHANGE OF LAND USE FROM COMMERCIAL TO TRAVEL TRAILER PARK, AND FROM "B-4" GENERAL BUSINESS DISTRICT TO "T -1B" MANUFACTURED HOME PARK DISTRICT WITH A "PUD -2" PLANNED UNIT DEVELOPMENT -2 OVERLAY ON TRACT 2 RESULTING IN A CHANGE OF LAND USE ECT FROM COMMERCIAL TO MANUFACTURED H ME ARK;; SUBJECT TO A SITE PLAN AND FOUR (4) COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Anchor Harbor Mobile Home Community, 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, July 23, 2008, during a meeting of the Planning Co meet n, of the City Council, September nhe 9, 2008, and on Tuesday, February 17, Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 3.167 acres out of Anchor Harbor Tract No. 1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue, from „ B-4” General Business District to a "T -1A" Travel Trailer Park District, with aPUD -2 Planned Unit Development -2 Overlay, on Tract 1, resulting in a change of land use from commercial to travel trailer park, and from "B-4" General Business District to "T-1B" Manufactured Home Park District, with a "PUD -2" Planned Unit Development -2 Overlay, on Tract 2, resulting in a change of land use from —102— ma- PlanComm.tloc Page 2 of 4 commercial to manufactured home park, subject to the attached site plan and four (4) following conditions: (Zoning Map 038033, 038034) (Exhibit A) 1. Uses: The only uses permitted by the Special Permit are those uses included in the "T-1A" Travel Trailer Park District on Tract 1, and uses included in the "T-1B" Manufactured Home Park District and the two existing single - family uses and the existing office on Tract 2 of the subject property. 2. Screening: A standard screening fence six feet in height is required adjacent to the medium density residential use located to the west. This screening fence shall be in place within one (1) year of the approval of this ordinance. 3. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. A maximum of one lumen of light is permitted to project beyond the property line near all adjacent residential development. 4. Time Limit: This Special Permit expires two (2) years from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 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 —103- H:\ LEG- DIR1Shared\LEGAL- DEV.SVCS\2009 Agenda\2- 17\ORD- zoning0708 -05 AnchorHarborMobileHome PUD- 2- PIanComm.doc Page 3 of 4 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 _ day of February, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 9, 2009 eborah Walther B Assistant City Attor For City Attorney Henry Garrett Mayor, City of Corpus Christi .....- ......,,c....ewa cnei -ncu suns\9009 Aaenda\217 \ORD- zoning0708 -05 AnchorHarborMobileHome PUD- 2- PIanComm.doc Page 4 of 4 Corpus Christi, Texas day of , 2009 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 Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\2- 1710R %- zoning0708 -05 AnchorHarborMobileHome PUD- 2- PIanComm.doc LOUR BL jPFF 6 ENC NUBLER TR ANCHOR HARSO 0 • BAY BUSIN SS CENTE EA Y PLACE UN4J l r Sy: MBB rimy SINNIS CASE # 0708 -05 Corpus Christ Sty Planning Commission Recommendation From: "B-4" To: PUD I1 and Four Conditions with a base zoning district of: "T -1A" on Tract 1 "T -1B" on Tract 2 Ordinance No.: -106- Agenda Memorandum Case No. 0708 -05 (Anchor Harbor Mobile Home Community) Page 9 8 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: February 17, 2009) Case No. 0109 -01 Arnold Brothers Property: A change of zoning from "I -2" Light Industrial District to an "I- 3" Heavy Industrial District resulting in a change of land use from light industrial uses to heavy industrial uses on 12,350 square feet out of Lot 6, Holly Industrial Subdivision, recorded in Volume 22 at Page 37 of the Map Records of Nueces County, Texas and generally located on the east side of Ayers Street between Holly Road and SPID Planning Commission's and Staff's Recommendation (January 7, 2009): Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit with the following four (4) conditions: 1. Uses: All uses allowed by the base zoning district plus up to seventy (70) API650 above ground fuel tanks not to exceed 8,000 gallons each. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within one year of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Approval of Planning Commission and Staff's Recommendation. Staff's Summary: • Request: The applicant is requesting a change of zoning on 12,350 square feet from an "I -2" Light Industrial District to an "I -3" Heavy Industrial District to permit 70 above ground fuel tank uses. The Amold Oil Company's main facility since 1939 is located downtown at Mesquite Street and Palo Alto Streets. The Arnold Oil Company sells bulk lubricating oils and lubricants and has a new office and industrial warehouse at Ayers Street and Gibb Street. The applicant proposes to remove the existing 27 downtown above ground fuel storage tanks and create a new above ground fuel storage tank area. The 12,350 area will have sufficient capacity to handle 70 tanks with a capacity of 4,000 to 8,000 gallons each. The tank area will be enclosed by a retaining wall of appropriate height and design to safely capture any fluid releases from a breach in a tank and to meet all local, state and federal safety requirements. The applicant has indicated that oil, not fuel will be stored in the tanks. • Existing Land Uses: The subject property (12,350 square feet) is vacant but the Arnold Brothers Properties owns almost 15.5 acres of the several surrounding lots with a 36,000 office /warehouse facility. To the north of the subject site is a small warehouse, vacant land and a drainage ditch. East of the property is vacant land and the City Service Center. Located to the south is warehouse and heavy equipment yard. East of the property across Ayers Street is vacant land. • Existing Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "1 -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10- foot side and rear set back is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requiipip nt or floor area intensity factor requirement. Agenda Memorandum Case: 0109 -01 Arnold Brothers Property Page 2 • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. • Transportation and Circulation: The subject property has access to Gibbs Street. In addition, access to Ayers Street is available through the Arnold Brothers adjoining parking lot for their office / warehouse building. Gibbs Street is not designated on the Urban Transportation Plan. Ayers Street is designated as an A -1, Arterial with a planned right -of -way of 95 feet, 4 through lanes and a center turn lane. Currently, Ayers Street has four through lanes at this location. • Infrastructure Demand: o Water: An 8" water line is located in Gibbs Street. o Wastewater: An 8" wastewater line is located in Gibbs Street. o Stormwater: The Richter Drainage Ditch is within 125 feet of the Arnold Brothers Properties and approximately 350 feet of the subject site. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C50. Crime statistics show a decline from 1,953 crimes committed in 1993 to 1,483 crimes committee in 2005 or a 24% drop in the number of crimes between the two years. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number eight (8) located at 4645 Kostoryz Road with an estimated four to five minute response time (Planning Department / Fire Department response time study). • Environmental Constraints: o FEMA Flood Zone: The subject property is in Flood Zone C, areas of minimal flood hav•rd. o Soil Type: Type and characteristics relative to development o Wetlands: None. o Dunes: None. o Flight Zone: None. o Other: The applicant has indicated that Arnold Oil will meet all local, state and federal environmental protection requirements. The applicant has also indicated that a reinforced concrete retaining wall of appropriate height will be installed to contain any spillage. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 10 on a scale of 100 points. H:\PIN- DIR\SHARRD \l. Plain% Commt'sr CC'\Feb'09\0109 -01 Anwld Brother Property doe Agenda Memorandum Case: 0109 -01 Arnold Brothers Property Page 3 Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities (10 points). • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for light industrial uses, therefore, the proposed "I -3" Heavy Industrial District is not consistent with the City's Comprehensive Plan map. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below for additional guidance. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Heavy Industrial uses produce the most obnoxious and incompatible effects of any of the City's zoning districts. As a general rule, the Comprehensive Plan does not include large new vacant lands with the heavy industrial designation unless the area is already designated as an industrial district, i.e., the Port Area, etc. The intent of this policy is to provide protection and to assure that if new heavy industrial districts are requested adequate care is given to assessing any negative impacts. There are no nearby residential areas, either existing or propose that are likely to be affected by the proposed above ground fuel storage tanks. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCREENING FENCES, OPEN SPACE AND LANDSCAPING. "...Commercial centers should also be designed so that the impacts of automobile intrusion, noise and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between shopping (or industrial areas) and residential areas." Staff Comment: The proposed use is located behind the businesses that front onto Ayers Street with a significant light industrial land use buffer on all sides. The land use buffer is in proportion to the amount of heavy industrial use requested. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Protecting and supporting existing businesses is also a goal of the Comprehensive Plan. H:\PLN.DIR\SHARED \I. Planning Commistioi}214 QFeb .09\0109-01 Arnold Brothers Propeny.doc Agenda Memorandum Case: 0109 -01 Arnold Brothers Property Page 4 SOUTHSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: 13.6 - POLICY STATEMENT High- intensity commercial and industrial areas should be buffered to provide transition from low - density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. 13.7 - POLICY STATEMENT New high - intensity commercial (or industrial) developments without adequate transition or buffering should be discouraged from locating directly adjacent to low- intensity residential areas. Staff Comment: Buffering of offensive commercial and industrial uses is necessary where there is a direct residential adjacency and protection of the neighborhood is the goal. Residential areas are not likely to be affected by this industrial expansion since they are at least a' 'A to '/2 half mile away. POLICY STATEMENT 13.11 (related Southeast Plan for SPID) The City should establish development regulations along streets designated as scenic corridors, and at points designated for view vistas and gateways. Design objectives along view and scenic corridors should include...a prohibition of billboards and portable signs. Staff Comment: With the completion of the Crosstown Expressway Ayers Street is becoming less an entry way to the city than a typical commercial corridor. Nevertheless, aesthetics for the community are important and the Arnold Oil offices and warehouse will help to screen the above ground fuel tanks from public view from Ayers Street. • Traffic Count: ktreet R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2006 Ayers Street A -1, Minor Arterial 100 feet with four lanes 95' of right-of- way, with 4 lanes , and a center left turn lane 17,300 trips per day between SPID and Holly Road • Plat Status: The subject property is platted. Department Comments: • The rezoning is necessary to allow removal of the existing above ground tanks at the Arnold Oil downtown headquarters to its new facility at Ayers and Gibb Streets. Removal of the above ground H:\PLN- DIR\SHARFD \I. Planning Comniii4\400CC\Feb V9\0109 -01 Arnold Brothers Pmpeny.doc Agenda Memorandum Case: 0109 -01 Arnold Brothers Property Page 5 fuel tanks from the downtown location is beneficial to the City, as the above ground fuel tank uses are not compatible with the City's expanding entertainment area in the downtown. • The Fire Department has agreed to allow some or all of the existing 27 oil tanks to be relocated at the new Ayers /Gibb Street location and that within six months of relocation that the relocated tanks will be replaced with API650 tanks. This relocation and upgrade process is necessary to assure for uninterrupted operation of the Arnold Oil and to allow time for the fabricating company to build the new tanks. All of the existing, relocated tanks that are not API650 compliant will be replaced within one year of the approval of the rezoning. • Arnold Oil will meet the Fire Department's safety requirements for above ground fuel tanks within six months of approval by the City's rezoning of the above ground fuel tank use. • The location of the proposed above ground fuel tanks is set back and screened from Ayers Street. • The location of the proposed above ground fuel tanks is at least 'A to 1/2 mile from any nearby residential uses. • The applicant agrees with conditions below in the staff recommended special permit. • Zoning Board of Adjustment and Fire Marshall approval is required with approval of the above ground storage fuel tanks. Notification: Of the sixteen (16) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (0) were retumed in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Johnny Pera)6s, P.E., Interim Assistant City Manager of Development Services FGM/ej Attachments: 1. Zoning Report 2. Planning Commission Minutes (January 7, 2009) 3. Ordinance and Site Plan Senior Palmer gi HAPLN.DIR\SHAREDH. Planning Commis i j\290¢CFeb'09\0109- OICiry Council Zoning Report.doc CITY COUNCIL ZONING REPORT Case No.: 0109 -01 City Council Hearing Date: February 17, 2009 Applicant: Arnold Brothers Properties Owner: Same as above Representative: Murry Bass, Bass and Welsh Engineering Address: 5422 Ayers Street Legal Description/Location: 12,350 square feet out of Lot 6, Holly Industrial Subdivision, recorded in Volume 22 at Page 37 of the Map Records of Nueces County, Texas and generally located on the east side of Ayers Street between Holly Road and South Padre Island Drive Zoning Request From: "I -2" Light Industrial District To: "I -3" Heavy Industrial District Area: 12,350 square feet / 0.28 acres Purpose of Request: To allow for 70 above ground fuel storage tanks within a 12,350 square foot area Zoning Existing Land Use Future Land Use Site "I -2" Light Industrial District Industrial and vacant Light Industrial North "I -2" Light Industrial District Industrial Light Industrial South "I -2" Light Industrial District Industrial Light Industrial East "I -2" Light Industrial District Vacant Light Industrial West "1 -2" Light Industrial District Vacant Light Industrial ADP, Map & Violations Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for light industrial uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for Light Industrial uses. Map No.: 048038 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on 12,350 square feet from an "I -2" Light Industrial District to an "I -3" Heavy Industrial District to permit 70 above ground fuel tank uses. The Arnold Oil Company's main facility since 1939 is located downtown at Mesquite Street and Palo Alto Streets. The Arnold Oil Company sells bulk lubricating oils and lubricants and has a new office and industrial warehouse at Ayers Street and Gibb Street. The applicant proposes to remove the existing 27 downtown above ground fuel storage tanks and create a new above ground fuel storage tank area. The 12,350 area will have sufficient capacity to handle 70 tanks with a capacity of 4,000 to 8,000 gallons each. The tank area will be enclosed by a retaining wall of appropriate height and design to safely capture any fluid releases from a breach in a tank and to meet all local, —116— City Council Zoning Report "1 -2" to "I -3" Case #: 0109 -01, Arnold Brothers Properties Page 2 state and federal safety requirements. The applicant has indicated that oil, not fuel will be stored in the tanks. • Existing Land Uses: The subject property (12,350 square feet) is vacant but the Arnold Brothers Properties owns almost 15.5 acres of the several surrounding lots with a 36,000 office /warehouse facility. To the north of the subject site is a small warehouse, vacant land and a drainage ditch. East of the property is vacant land and the City Service Center. Located to the south is warehouse and heavy equipment yard. East of the property across Ayers Street is vacant land. • Existing Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10- foot side and rear set back is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement. • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. • Transportation and Circulation: The subject property has access to Gibbs Street. In addition, access to Ayers Street is available through the Arnold Brothers adjoining parking lot for their office / warehouse building. Gibbs Street is not designated on the Urban Transportation Plan. Ayers Street is designated as an A -1, Arterial with a planned right -of -way of 95 feet, 4 through lanes and a center turn lane. Currently, Ayers Street has four through lanes at this location. • Infrastructure Demand: o Water: An 8" water line is located in Gibbs Street. o Wastewater: An 8" wastewater line is located in Gibbs Street. o Stormwater: The Richter Drainage Ditch is within 125 feet of the Amold Brothers Properties and approximately 350 feet of the subject site. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C50. Crime statistics show a decline from 1,953 crimes committed in 1993 to 1,483 crimes committee in 2005 or a 24% drop in the number of crimes between the two years. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number eight (8) located at 4645 Kostoryz Road with an estimated four to five minute response time (Planning Department / Fire Department response time study). —117— City Council Zoning Report "I -2" to "1 -3" Case #: 0109 -01, Arnold Brothers Properties Page 3 • Environmental Constraints: o FEMA Flood Zone: The subject property is in Flood Zone C, areas of minimal flood hazard. o Soil Type: Type and characteristics relative to development o Wetlands: None. o Dunes: None. o Flight Zone: None. o Other: The applicant has indicated that Arnold Oil will meet all local, state and federal environmental protection requirements. The applicant has also indicated that a reinforced concrete retaining wall of appropriate height will be installed to contain any spillage. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 10 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities (10 points) • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for light industrial uses, therefore, the proposed "I -3" Heavy Industrial District is not consistent with the City's Comprehensive Plan map. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below for additional guidance. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Heavy Industrial uses produce the most obnoxious and incompatible effects of any of the City's zoning districts. As a general rule, the Comprehensive Plan does not include large new vacant lands with the heavy industrial designation unless the area is already designated as an industrial district, i.e., the Port Area, etc. The intent of this policy is to provide protection and to assure that if new heavy industrial districts are requested adequate care is given to assessing any negative impacts. There are no nearby residential areas, either existing or propose that are likely to be affected by the proposed above ground fuel storage tanks. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCREENING FENCES, OPEN SPACE AND LANDSCAPING. —118— City Council Zoning Report "1 -2" to "1 -3" Case #: 0109 -01, Arnold Brothers Properties Page 4 "...Commercial centers should also be designed so that the impacts of automobile intrusion, noise and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between shopping (or industrial areas) and residential areas." Staff Comment: The proposed use is located behind the businesses that front onto Ayers Street with a significant light industrial land use buffer on all sides. The land use buffer is in proportion to the amount of heavy industrial use requested. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same location] or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Protecting and supporting existing businesses is also a goal of the Comprehensive Plan. • SOUTHSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B.6 - POLICY STATEMENT High - intensity commercial and industrial areas should be buffered to provide transition from low - density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. B.7 - POLICY STATEMENT New high - intensity commercial (or industrial) developments without adequate transition or buffering should be discouraged from locating directly adjacent to low - intensity residential areas. Staff Comment: Buffering of offensive commercial and industrial uses is necessary where there is a direct residential adjacency and protection of the neighborhood is the goal. Residential areas are not likely to be affected by this industrial expansion since they are at least a'' IA to '/ half mile away. POLICY STATEMENT B.11 (related Southeast Plan for SPID) The City should establish development regulations along streets designated as scenic corridors, and at points designated for view vistas and gateways. Design objectives along view and scenic corridors should include...a prohibition of billboards and portable signs. Staff Comment: With the completion of the Crosstown Expressway Ayers Street is becoming less an entry way to the city than a typical commercial corridor. Nevertheless, —119— City Council Zoning Report "1 -2" to "1 -3" Case #: 0109 -01, Arnold Brothers Properties Page 5 aesthetics for the community are important and the Arnold Oil offices and warehouse will help to screen the above ground fuel tanks from public view from Ayers Street. • Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2006 Ayers Street A -1, Minor Arterial 100 feet with four lanes 95' of right-of- way, with 4 lanes and a center left turn lane 17,300 trips per day between SPID and Holly Road • Plat Status: The subject property is platted. Department Comments: • The rezoning is necessary to allow removal of the existing above ground tanks at the Arnold Oil downtown headquarters to its new facility at Ayers and Gibb Streets. Removal of the above ground fuel tanks from the downtown location is beneficial to the City, as the above ground fuel tank uses are not compatible with the City's expanding entertainment area in the downtown. • The Fire Department has agreed to allow some or all of the existing 27 oil tanks to be relocated at the new Ayers /Gibb Street location and that within six months of relocation that the relocated tanks will be replaced with API650 tanks. This relocation and upgrade process is necessary to assure for uninterrupted operation of the Arnold Oil and to allow time for the fabricating company to build the new tanks. All of the existing, relocated tanks that are not API650 complainant will be replaced within one year of the approval of the rezoning. • Arnold Oil will meet the Fire Department's safety requirements for above ground fuel tanks within six months of approval by the City's rezoning of the above ground fuel tank use. • The location of the proposed above ground fuel tanks is set back and screened from Ayers Street. • The Location of the proposed above ground fuel tanks is at least'/, to 1/2 mile from any nearby residential uses. • The applicant agrees with conditions below in the staff recommended special permit. • Zoning Board of Adjustment and Fire Marshall approval is required with approval of the above ground storage fuel tanks. —120— City Council Zoning Report "I -2" to "1 -3" Case #: 0109 -01, Arnold Brothers Properties Page 6 Staff Recommendation: Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit with the following four (4) conditions: I. Uses: All uses allowed by the base zoning district plus up to seventy (70) API650 above ground fuel tanks not to exceed 8,000 gallons each. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within one year of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Planning Commission Recommendation: Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit with the following four (4) conditions: 1. Uses: All uses allowed by the base zoning district plus up to seventy (70) API650 above ground fuel tanks not to exceed 8,000 gallons each. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within one year of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Is I:3 C Cy 8 U fx Number of Notices Mailed 16 — 11 within 200 foot notification area; 5 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) As of: December 26, 2008 —121— City Council Zoning Report "1 -2" to "1 -3" Case #: 0109 -01, Arnold Brothers Properties Page 7 Attachments: 1. Neighborhood 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. Smart Growth Principles 11. City Charter — Article V- Planning 12. Metes and Bounds Description on Survey -122- CASE # 0109 - 01 1. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mao 2; " 2b for Neighborhood eysziog ':se. Also available Map Scale: 1:90,000 —'Pc _I, i ti= • / City of t'nt�xi c, LOCATION MAP1 , �' Christi CASE # 0109 -01 2.a. NEIGHBORHOOD - EXISTING LAND USE Enate Residential - ER L/ Light Industrial - LI [ - Low Density Res. - LDR 1 y11 1 Heavy Industrial - H7 Dr nsity Res. - MDR r7 Public Semi- Public - PSP Density Res. - HDR 1 1 Park U , t' r Ile Home - MN GC Drainage Corridor - DC �'�� - _ nt• VAC CP Conservation/Preservation - CP ”rofi bnal Office - PO n water nnmerciai - COM Map Scale: 7:10,000 SUBJECT PROPERTY�•�,t- i f { .�= = ''; 1 City of ivorpc, LOCATION MAP1 Christi 4on SUBJECT / PROPERTY/ / I` 0`r' CASE # 0109 -01 2.b. SITE- EXISTING LAND USE Enate Residential - ER [ - Low Density Res. - LDR d Dr nsity Res. - MDR I--ra. i r: ■.1 Density Res. - HDR , t' r Ile Home - MH urofi bnal Office - PO nnmercial - COM W, I a`p L. CP Map Scale: 1 2.400 Light Industrial - LI Heavy Industrial - Hl Public Semi - Public - PSP Park Draivage Corridor - DC Conservation/Preservation - CP Water SUBJECT PROPERTY` --- /r i •...-,== ' � R', City of LOCATION IYIAP1 'ivari COI11 COr'✓1 CODA mDFl , {'_ CA, coM•• LID (.101.1 DL - PARK • -s -? mop: ' PS P31 'S ?PC' 1 l L SUE3JECCT LDR? C T; COF PROPERTY " 7 12, a - �vL,DR7•CDR • LDR LDR i, / 7i ::o1n L AIR PSPCPL / p hIH PSG ` - J T /li-I MH <- DR �i.LUR F ab, C OIh1 LOP, 1 fait MH fylY LOP OR LDR < LJN D' PARK COM CASE # 0909 -09 3.a. NEIGHBORHOOD - FUTURE LAND USE Agricultural /Rural - AR - Tobrist - TOR 1 Estate Residential - ER - - Low Density Res. - LDR - - rsity Res. -MDR l oa r71 -^ gh Density Res. - NOR HeHome - MH ..cant -VAC -5, Profess :ional Office - PO -_ i,3 Conin ercial- COM Transportation Plan Ar leri if s Coilectoi- - -- Ex pi ass rvays -- - Parkway } Railroad H-eb] Ro orarch /Business Park - RBP LI j Light Industrial - LI Heav1 Industrial - HI r - - Pub!„ Semi - Public - PSP Park Drainage Corridor - DC DP Dredge Placement- DP f Water rp ConservationPreservation - CP Map Scale: 1:10.000 SUBJECT PROPERTY r CASE # 0109 -01 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER d Fa saarchBusiness Park - RSP - - Low Density Res. - LDR f Li ] Light Industrial - LI -- - �' ,sity Res. - MDR Heavl Industrial - HI ^gh Density Res. - HOR Thrl Pub'' Semi - Public - PSP Ile Home - MH Park - 1 ...cant -VAC - Drainage Corridor - DC ' 'on Tonal Office - PO "P Dredge Placement - DP ,..✓cial -COM l ] Water CP Conservation/Preservation - CP Transportation Plan .4 +ferib's Collectors - - -- Expressl' ✓ay5 -- _G Parkway } Railroad Map Scale: 1:2.400 PSP PSP SUBJECT PROPERTv'' --- r /X.% — ' l lt'i of corpus IS LOCATION A4AP1 Christi 0 L 0 N. `i' CASE # 0109 -01 4. SITE- 2007 AERIAL Refer td Mao ?'or Neighborhood E•::r!o, La.si Use 41so available dr u!,L.ccte :as.com SISIECT PROPER LOCATION MAF*I • Citv of corpus' Christi 4/ 1 -2IS Jt?'6 -0 / HOLLY IND'utT 4 -B 1 J SUBJECT f PROPERTY / / / 2 1 -2 HE N. COL. S $ERVICE CENTER TR- EXEMAT 81 De 12!19;2008 Prepated By SRA development Services CASE '# 0109 -01 5. SUBJECT PROPERTY Subject Properly SUBJECT PROPERTY FCCOCATION MAP1 4/ I -2/S J66- -. f / z4 , SUBJECT--„ OPERTY f HOLLY 1ND'utT 4 -B 1 1 \ RVICE CENTER TR- EXEMAT I 1 2 12 De 12//913008 Prepated By SRR development Services CASE # 0109 -01 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP 99 Apartment Hein District 1-1 Limited Industrial Distnct relA spar .pa t _N House District 1-2 c aIt Industrial District A-' Rpm dint house Dlsd St 1-3 Heavy Industrial Dstect HE Professional Office District PITD Planned Unit Development AT Ape Meant-Tourist LLstrict R- A Cre Fnmily Dw Ilrg Dist rot F-1 ITeigisboi hoot: etrsine o Disstrld R-'13 One gamily Spelling 013Trict F-14 NleigUushood ermines:. OiYda R - +r or- Family R«a)I rig D >urct E-2 Bayfrcut Business Dlstrlct R-2 NItiltiple Dave ling Disldot L-1A BeiFier Island Business District RA One Family Dw Il s Diotrint B -i Brelness Lastest. RE Residential estate DintrInn B4 r nnral Business.. Dishicl 13- H Torendause DnePUg District 83 PriMara BUrii1esnDlsmet SP Spacial Permit E5 Pririfam Business Rpm District T-9 Tavel Trailer Park Dlbtnat FD Cori LIS Chris!! Beach Design Dist TnI B Mnnufaetmad Heine P8I1 DlsIret FR Farr Rn al Dined a dnnurestured Home S bdiseon H4 Historical- Guttural Landmark DtsdlnP Preservation l ©1 x'Proortt4 Ou.iv.3lY 00 vier EhvrieA otrot 200 its or At Ot4Pera the s mrePersp Die nooppc -dn SUBJECT PROPERTY FLOCATION MAP attachment 7 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No:0109 -01 Name: Arnold Brothers Property Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 16 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 ( ) % II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 M. Responses received from owners/applicants of subject area: Favor: 3 Opposition: IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHAREDU. Planning Commission \200815J1tPublic Commentsi208- 03.doc 000000666 000000000 'MUM Wigton 000 xxx O 0 1 y • 1111 1 99g9 g °n =?=l 00 00000 —136— 000 000 9 c 000 _ = =y_ Ny 0031 111 Igago PPP ggc rrr rrr m N N 8mi 0 0 N 0 m T 0 + 0 m m V m 0 A W N+ 0 00065 ;oozoo $$OOH M 1411619 m m 0 a s -ss mm mF CA • VI 410 8'0000000 cc ccccccccccc (o(�0000000000 IIIIIIIIIII 0;440404 4 1 Attachment 9 - 95- 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 high or low buildings 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 Regsdationa. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "B -5" Primary Business District except for signs as enumerated in Item (2) 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 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are 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 raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals. Petroleum Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufecnuing (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) Clay. Stone. and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beveraae 02/00 1 -2 —137— - 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 Fish, products 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 jvletals and Metal Products Agricultural or faro 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 Inn fabrication (ornamental) Machinery manufacture Nails, brads, tacks, spares, 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. Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat 02/08 1 -2 -138- 02/08 - 97- 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) Yarn, threads and cordage Wood and Paoer 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 Unclassified Uses 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 garments, 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 Laborat ories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (i) All outside storage shall be screened from view from the at -grade public right - of-way; (ii) The outside storage may not be located in the required minimum building setbacks. -139- 1 -2 - 9g- 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 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off -street Loading Regulations. The off - 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 "R -1A ", "R -1B", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 20-6.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -2 ", "A-1 ", "A -1A ", or "A -2" residential district. 20-6.03 Whenever any building in the "I -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 "1 -2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district 02/03 -140- 1 -2 -99- (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 -141- - 87 - ARTICLE 17. "B-5" 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 "3-5" 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 `B4" 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. ( 7) Optical goods manufacture. ( 8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 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 (8) 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 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) ( 9) Accessory buildings and uses. Section 17 -3 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 off - street parking is not required. (Ordinance 25390, 07/15/03) Section 17-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 -142- I1-5 - 88 - 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 Tess than ten (10) feet in width on the side of a lot adjoining an "R -IA" "R -1B", "R -IC" "R-2", "A-1", "A -IA ", 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 ", "R -IC" "R-2", "A -1 ", "A -IA ", or "A -2" residential district. Section 17-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-5 -143- - 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 shall 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) (5) 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) (II) 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 -144- - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Tavems, 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 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: 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 ", "R -1B ", "R -1C" "R -2 ", "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 ", "R -1B ", "R -1C" "R -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. 02/08 B-4 -145- - 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 further 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) ( 8) 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.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: 02/08 -146- B-1 - 50 - 12 -5.01 There shall be a side yard not Tess than ten (10) feet in width on the side ofa lot adjoining an "R -IA", "R -1B ", "R -1C", "R -2", "A-I", "A -1A ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear ofa lot adjoining an "R -1A ", "R -1B ", "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 -147- - 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: ( 1) Any use permitted in the "R -IA" 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 -148- - 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 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 -149- Attachment 10 Zoning Case: 0109 -01, Arnold Brothers Properties From "I -2" Light Industrial to "I -3" Heavy Industrial Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 10 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 0 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 10 —150— Attachment 11 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the • consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (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 and within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The —151— Zoning Report "I -2" to "I -3" Case #: 0109 -01, Arnold Brothers Properties Page 10 comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 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. -152-- Attachment 12 - Metes and Bounds Description and Survey Map Mu RUT Has, ik.. PF.&.PLS 3354 S. bumf gy,c. zip 7$404 N x+aa M. WIL.aq. P-E. &P.L S, PEI. 361 S32 -1721- FAX 361 SS? -1265 BASS & WELSH ENGINEERING P.O.. Box 6397 Corpus Christi. TX 79466 -639; Field Note Description Tank Earn Area December 3, 2008 Being a trac tsituated in Carpus Christi. Nueces County. Texas, a portion of Lart 6 Holly Industrial Subdivision. as shown on the ergs thereof recorded it Volume 22 at Page 37 of the Wisp Records of Nureces County, Texas and being more parbcularly described by metes and bounds as follows_ BEGINTONG at a point near the southeast corner of Lot 8 for the southeast comer of this tract. whence the southeast corner of Lot 8 bears S 28'DQti10' W 15.0 feet and 5131'30-313- E 55.22 feet. 11 -ENCE Ff 81•30'30 W 15 feet north of and parallel to the south Tine ai Lot 8 a distance of 130.0 paint for the southwest comer of this tract. toa THENCE 14 29'001010' E a asthma of 95_D feet to a point for the northwest corner of this tract. THENCE S 01'30'30' E a dance of 130.0 feet to a point for the northeast comer of this tract said paint being 5522 feet measraed at a right angle from the east line of Late. THENCE S 2913X OO' W.5522 feet west of and parallel to the east line of Lot 8, a distance 01 85.0 feet is the POFNT OF BEGINNING fo.n* g a tract embracing 12.350 square feet (0284 acres). Murray Bass .ir_. RPM 5. Note Desalt :6m has teen prepared nom the Map ar I:ewrd re(ertruset r the dewdpbm. -153- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday January 7, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman John C. Tamez Govind Nadkarni Johnny R. Martinez Evon J. Kelly David Loeb *James Skrobarczyk ABSENCES: Mark Adame I. CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Miguel Saldaria, Special Services Bob Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Debra Brown, Assistant City Attorney Sylvia Sanchez, Recording Secretary A quorum was declared and the meeting was called to order at 5:33 p.m. by Chairman Garza. A. ZONING 1. New Zoning a. Case No. 0109 -01 Arnold Brothers Properties — A change of zoning from an "I -2" Light Industrial District to an "I -3" Heavy Industrial District resulting in a change of land use from light Industrial to heavy industrial 12,350 square feet out of Lot 6, Holly Industrial Subdivision. Mr. Payne presented the above case via Power Point, stating the subject property is located at Holly Industrial Subdivision, Lots 6. The applicant is requesting a change of the "I -2" Light Industrial District to an "I -3" Heavy Industrial District on a 12,350 square foot area on lot 6. The Arnold Oil Company sells bulk lubricating oils and lubricants and has a new office and industrial warehouse at Ayers Street and Gibb Street. The applicant proposes to remove the existing 27 downtown above ground fuel storage tanks and create a new above ground fuel storage tank area. The 12,350 area will have sufficient capacity to handle 70 tanks with a capacity of 4,000 to 8,000 gallons for each tank. The tank area will be enclosed by a retaining wall of appropriate height and design to safely capture any fluid releases from a breach in a tank and to meet all local, state and federal safety requirements. —155— Planning Commission Minutes October 1, 2008 Page 2 The applicant has indicated that oil, not fuel will be stored in the tanks. The "I -2" district provides for light industrial activities, but not above ground fuel storage tanks. There have been similar cases which an "I -3" district has been required; once City Council approves it the property owners would be required to go to Zoning Board of Adjustment. Granting the special permit would allow the owner to move the business from the downtown area, where it is not compatible with the City's downtown area. The tanks will be compliant with the fire code. The applicant has agreed with the staffs recommendation. Mr. Payne stated that staff recommendation is denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit with the following four (4) conditions: 1. Uses: All uses allowed by the base zoning district plus up to seventy (70) API650 above ground fuel tanks not to exceed 8,000 gallons each. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within one year of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Commissioner Skrobarczyk stated that "I -2" does not allow any on -site residential and inquired if there will be a guard allowed to live on the property, with the quantity of tanks that the property will have. Mr. Reining stated that the city authorizes one watchman's quarters on industrial properties. Commissioner Huerta asked for clarity: ion of the type of fuels that would be stored in the tanks. Mr Payne stated that the inter of the applicant is to store reprocesses oil. Public hearing was opened. Moody Boatwright, Engineer assisting with the project, stated that there are a lot of advantages to the business and the city for the relocation of the tanks. Mr. Boatwright stated that the tanks are oil tanks not fuel tanks. The owner purchased several acres that will allow for the relocation. The present tank area is smaller than the new location. In motor oil there will stock approximately 10 to 15 different grades for different companies (Gulf Oil, Texaco, etc). Each different grade has to be stored separately. The capacity of each tank is 8000 gallons, which the dimensions of the tanks will be 8' x 22' high. The tanks will be placed on concrete base, enclosed, and they will have containment in case tanks leak. They will meet the EPA requirements; the area is isolated. The back will be highly fence to protect the tanks. All the tanks will have values with locks and will be well secured. The new facility will be neater and more environmental safe than the one downtown. Commissioner Nadkarni inquired if there will be a concrete base as well as a concrete curb and how will the rainfall be removed. Mr. Boatwright stated that tanks would be in a EPA oil spill containment area. Mr. Boatwright added that given the rainfall —156— Planning Commission Minutes October 1, 2008 Page 3 for Corpus Christi in that area is that the size at the site and evaporation will be sufficient any for any moister problems. Public hearing was closed. Motion for approval of staff recommendation to deny the "I -3" in lieu there of creating a Special Permit for above ground storage tanks with 4 conditions, was made by Commissioner Nadkarni and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Adame being absent. —157— Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ARNOLD BROTHERS PROPERTIES, L.P., BY CHANGING THE ZONING MAP IN REFERENCE TO 12,350 SQUARE FEET OUT OF LOT 6, HOLLY INDUSTRIAL SUBDIVISION, FROM "1 -2" LIGHT INDUSTRIAL DISTRICT TO "I -2 /SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW UP TO SEVENTY (70) AP1650 ABOVE GROUND FUEL TANKS, 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; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Arnold Brothers Properties, L.P., 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, January 7, 2009, during a meeting of the Planning Commission, and on Tuesday, February 17, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 12,350 square feet out of Lot 6, Holly Industrial Subdivision, recorded in Volume 22 at Page 37 of the Map Records of Nueces County, Texas, and generally located on the east side of Ayers Street between Holly Road and SPID, from "1 -2" Light Industrial District to "1-2/SP" Light Industrial District with a Special Permit to allow up to seventy (70) AP1650 above - ground fuel tanks with a capacity of 4,000 to 8,000 gallons each for the storage of oil, subject to a site plan, attached, and four (4) conditions. (Zoning Map 048038) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: 1. Uses: All uses allowed by the base zoning district plus up to seventy (70) AP1650 above ground fuel tanks not to exceed 8,000 gallons each. N.\ LFG- DIR \ Shared \LEGAL- DEV.SVCS\2009 Agenda\-219 & b- zoning0109- 01- ArnoldBros- Ayersl -2- special permit.doc Page 2 of 4 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall, be deemed to have expired within one year 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 by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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 by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 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 of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 17th day of February, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi H:LLEG -01R \Shared \LEGAL- DEV.SVCS\2009 Agenda \ 2 -17\5 E riing0109 .01- ArnoldBros- Ayersl -2- special permit.doc Page 3 of 4 APPROVED: February 9, 2009 eborah Walther Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\ 2 - 1/7W5zoning0109- 01- AmoldBros- Ayersl -2- special permit.doc Page 4 of 4 Corpus Christi, Texas day of , 2009 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. I /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 Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez 'Michael McCutchon H: LEG -DIR\ Shared\ LEGAL- DEV.SVCS\2009 Agenda \2 -171 Dlfhing0109 -01- AmoldBros- Ayersl -2- special permit.doc 1-2/S MO .-06 SERVICE CENTER TR- EXEM -T 12/1&]009 Prepped By: SRA Dpammept o /D•vNopmen Senine CASE # 0109 -01 Planning Commission and Staff Recommendation From: "1 -2" To: "SP" with four conditions Ordinance No.: -162- MURRAY BASS, JR., P.E.,R.P.L.S. 3D54 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E,R.P.L.S. PH. 361 882 -5521- FAX 361 882-1265 BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 Field Note Description Tank Farm Area December 3, 2008 Being a tract situated in Corpus Christi, Nueces County, Texas, a portion of Lot 6 Holly Industrial Subdivision, as shown on the map thereof recorded in Volume 22 at Page 37 of the Map Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point near the southeast corner of Lot 6 for the southeast corner of this tract, whence the southeast corner of Lot 6 bears S 29 °00 "00' W 15.0 feet and S 61°30°30° E 55.22 feet, THENCE N 61 °30 "30' W 15 feet north of and parallel to the south line of Lot 6 a distance of 130M feet to a point for the southwest corner of this tract, THENCE N 29 °00 "00' E a distance of 95.0 feet to a point for the northwest corner of this tract, THENCE S 61°30"30' E a distance of 130.0 feet to a point for the northeast corner of this tract, said point being 55.22 feet measured at a right angle from the east line of Lot 6, THENCE S 29 °00 "00' W, 55.22 feet west of and parallel to the east line of Lot 6, a distance of 95.0 feet to the POINT OF BEGINNING forming a tract embracing 12,350 square feet (0.284 acres). Murray Bass, Jr., R.P.L.S. Note: Description has been prepared from the Map of Record referenced in the description. 08039•Field Note Description Tank Farm Area Page 1 of 1 -163- LPT 15 HOJ.V INOUST IAL SU MSION snot Et:WnMs a001-1 I'3 -0"m 0 LOT 5 GRAPHIC SCALE 1 W ' IN 1017 1 Imb • 100 H. PROPOSED REZONING OF 12,350 SQ. FT. TANK FARM AREA, LOT 6, HOLLY INDUSTRIAL SUBDIVISION TANK FraARKA DATA NU�W NN0: W) l000. �. NIONORD CONCRETE HOOK Mx N. 1 11/07/Oe MO rem ren. Me Ai No NW ade ea/ Ph L1 0 t -164- 9 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: February 17, 2009) Case No. 0109 -02 ClosnerBrownstone Ventures Corpus, LLC: A change of zoning from "I -2" Light Industrial District to an "I -3" Heavy Industrial District resulting in a change of land use from light to heavy industrial on 800 square feet out of a 4.011 acre tract out of Lots 3 and 6, Section 5, Range VIII, Guggenheim - Cohn Farm Lots generally located on the west side of North Padre Island Drive between Old Brownsville Road and Corporate Drive • Planning Commission's and Staff's Recommendation (January 7, 2009): Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for two UL2085 above ground fuel storage tanks or one combined above ground fuel storage tank subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus two UL2085 above ground fuel tanks or one combined tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline. 2. Fire Department Approval: The above ground fuel tank(s) shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank(s) will not be allowed without Zoning Board of Adjustment approval. 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. Requested Council Action: Approval of Planning Commission and Staff's Recommendation Staff's Summary: • Request: The applicant is requesting a change of zoning on an 800 square foot area within a 4.011 acre tract from an "I -2" Light Industrial District to an "I -3" Light Industrial District to provide for a two above ground fuel storage tanks or one combined above ground fuel tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline. The applicant is under construction for a new Hertz Rental car business. The proposed tanks will be used for gasoline fueling of company rental equipment. • Existing Land Uses: The subject property is currently vacant and under construction for a Hertz Rental Car business. Vacant land is located to the east, west and south of the subject property. South Padre Island Drive is located to the north. • Existing Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of light manufacturing uses, open storage, fabrication, warehousing, and wholesale distributing. Residential uses are not allowed in the "I -2" District. Setbacks required in the "I -2" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the —1b7— Agenda Memorandum Case: 0109 -02 Closner/Brownstone Ventures Corpus, LLC Page 2 applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. • Transportation and Circulation: Access to the subject property is from South Padre Island Drive frontage road. • Infrastructure Demand: o Water: The City of Corpus Christi has an 8 inch water line along the frontage road which terminates at the northeast comer of the property and which will be extended across the front of the property as part of the platting process. o Wastewater: An 8 inch wastewater line will be extended from the northwest along the rear edge of the property during the platting process. o Stormwater: As part of the platting process the applicant will be required to submit a stormwater quality management plan which will address any drainage issues resulting from the development. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District. Crime statistics show a major drop in the crime rates of 221/4 from 1993 to 2005. In 1993, 1,520 crimes were reported vs in 2005 when 1,184 crimes were reported. o Fire: Fire Stations 9 and 10 are the closest stations at 501 Navigation Street and 1550 Horne. • Environmental Constraints: o FEMA Flood Zone: The property is located in FEMA flood zone C, areas of minimal flood hazard. o Soil Type: Victoria Clay - rated as poor for septic system suitability'. o Wetlands: NA. o Dunes: NA o AICUZ2: NA. o Other: NA. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Although the proposed rezoning has very little direct relationship to Smart Growth Principles, staff has given the proposed rezoning a rating of 10 on a scale of 100 points since the rezoning is supportive of the planned Tight industrial development for the area. Smart Growth Principles which relate to the requested rezoning include: o Make development decisions predictable, fair and cost effective 0 • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for light industrial uses. Except for a small portion of the property zoned with the proposed 1 Soil Survey Nueces County, Texas , U.S. Department of Agriculture, page 45, Table 7. 2 Air Installation Compatible Use Zones - U.S. Navyggigelines to for land use near naval air fields. H'.\PLN- DIR\SHARED \I. Planning Commissionta0000 Etfkfl9\ 0109 -02 Closner- Brownnone Ventura Corpus. LLC.doc Agenda Memorandum Case: 0109 -02 Closner/Brownstone Ventures Corpus, LLC Page 3 "I -3" Heavy Industrial District, the primary use of the property will be light industrial uses consistent with the Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: There will be no impact to future residential areas since this area is_predominately a commercial and industrial area. MINIIYIIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same Iocational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Support of existing businesses that have invested in the community is also critically important to the economic vitality of the city. • PORT /AIRPORT/VIOLET AREA DEVELOPMENT PLAN: The specific goal of the Port/Airport/Violet Area Development Plan is to promote redevelop- ment of under -used land and proper development of abundant vacant land in the area. Staff Comment: While heavy industrial zoning is not supported by the plan, sustaining the existing uses in the area and encouraging new commercial and industrial uses is the goal of the plan. The principle use of the property is consistent with the plan and the above ground fuel storage tank can be considered an accessory to the primary commercial use. Therefore, rezoning to accommodate the tank should be the goal. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2007 South Padre Island Frontage Road Freeway 310 foot row, six through lanes, two frontage roads with two lanes each Same as existing 1,631 Eastbound Frontage Road trips per day H:1PLN- DIR'SHARED \l. Planning Commiuion @009C1'&S9m109 -02 Closner-Brownstone Ventures Corpus, LLC doe Agenda Memorandum Case: 0109 -02 Closner /Brownstone Ventures Corpus, LLC Page 4 Plat Status: The subject property is in the process of being platted. Department Comments: • The primary use of the property for a commercial rental car agency is consistent with the Future Land Use Plan. Rezoning of a small area to a "1 -3" Heavy Industrial District would help to promote the business but would not be consistent with the Future Land Use Nan. A special permit would allow conformity with the plan and would help to promote the planned commercial rental car business. • The Fire Department has reviewed and approved the attached site plan. • The applicant is in agreement with the staff recommendation. Notification: Of the four (4) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (0) were retumed in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. FGM/ej Attachments: 1. Zoning Report 2. Planning Commission Minutes (January 7, 2009) 3. Ordinance and Site Plan Jim X44 Johnny Perales, P.E., Interim Assistant City Manager of Development Services Senior Planner V2 H \PLN- Dat\SHARED \I. Planning Commission USPOIC7VOr19 \0109 -02 Closner- Brownstone Ventura Corpus. LLtdoc CITY COUNCIL ZONING REPORT Case No.: 0109 -02 City Council Hearing Date: January 7, 2009 Applicant & Legal Description Applicant: ClosnerBrownstone Ventures Corpus, LLC Owner: Same as above Representative: Jed A. Brown, Manager, Closner/Browstone Ventures Corpus, LLC Address: An address has not been assigned (parent tract is 317 South Padre Island Drive) Legal Description/Location: 800 square feet out of a 4.011 acre tract out of Lots 3 and 6, Section 5, Range VIII, Guggenheim -Cohn Farm Lots generally located on the west side of North Padre Island Drive between Old Brownsville Road and Corporate Drive Zoning Request From: "I -2" Light Industrial District To: "I -3" Heavy Industrial District Area: 800 square feet Purpose of Request: To allow for one combined above ground fuel tank or one tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline Zoning Existing Land Use Future Land Use Site "I -2" Light Industrial District Vacant Light Industrial North "I -2" Light Industrial District Vacant and Light Industrial Light Industrial South "I -2" Light Industrial District Vacant Light Industrial East "I -2" Light Industrial District Vacant Research / Business Park West I -2" Light Industrial District Vacant and Light Industrial Light Industrial ADP, Map & Violations Area Development Plan: This tract of land is located in the Port/Airport/Violet Area Development Plan and is planned for Light Industrial uses. The proposed change in zoning to heavy industrial use is not consistent with the adopted Future Land Use Plan map which designates the area for light industrial uses. Map No.: 051041 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on an 800 square foot area within a 4.011 acre tract from an "I -2" Light Industrial District to an "I -3" Light Industrial District to provide for a two above ground fuel storage tanks or one combined above ground fuel tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline. The applicant is under construction for a new Hertz Rental car business. The proposed tanks will be used for gasoline fueling of company rental equipment. —171— City Council Zoning Report Case #: 0109 -02, Closner Brownstone Ventures Corpus, LLC I -2 to 13 Page 2 • Existing Land Uses: The subject property is currently vacant and under construction for a Hertz Rental Car business. Vacant land is located to the east, west and south of the subject property. South Padre Island Drive is located to the north. • Existing Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of light manufacturing uses, open storage, fabrication, warehousing, and wholesale distributing. Residential uses are not allowed in the "I -2" District. Setbacks required in the "I -2" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. • Transportation and Circulation: Access to the subject property is from South Padre Island Drive frontage road. • Infrastructure Demand: o Water: The City of Corpus Christi has an 8 inch water line along the frontage road which terminates at the northeast comer of the property and which will be extended across the front of the property as part of the platting process. o Wastewater: An 8 inch wastewater line will be extended from the northwest along the rear edge of the property during the platting process. o Stormwater: As part of the platting process the applicant will be required to submit a stormwater quality management plan which will address any drainage issues resulting from the development. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District. Crime statistics show a major drop in the crime rates of 22% from 1993 to 2005. In 1993, 1,520 crimes were reported vs in 2005 when 1,184 crimes were reported. o Fire: Fire Stations 9 and 10 are the closest fire stations located at 501 Navigation Street and 1550 Horne. —172— City Council Zoning Report Case #: 0109 -02, Closner Brownstone Ventures Corpus, LLC 1 -2 to 13 Page 3 • Environmental Constraints: o FEMA Flood Zone: The property is located in FEMA flood zone C, areas of minimal flood hazard. o Soil Type: Victoria Clay - rated as poor for septic system suitability'. o Wetlands: NA. o Dunes: NA o AICUZ2: NA. o Other: NA. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Although the proposed rezoning has very little direct relationship to Smart Growth Principles, staff has given the proposed rezoning a rating of 10 on a scale of 100 points since the rezoning is supportive of the planned light industrial development for the area. Smart Growth Principles which relate to the requested rezoning include: o Make development decisions predictable, fair and cost effective • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for light industrial uses. Except for a small portion of the property zoned with the proposed "I -3" Heavy Industrial District, the primary use of the property will be light industrial uses consistent with the Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: There will be no impact to future residential areas since this area is_predominately a commercial and industrial area. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Soil Survey Nueces County, Texas , U.S. Department of Agriculture, page 45, Table 7. 2 Air Installation Compatible Use Zones - U.S. Navy guidelines to for land use near naval air fields. -173- City Council Zoning Report Case #: 0109 -02, Closner Brownstone Ventures Corpus, LLC I -2 to I3 Page 4 Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Support of existing businesses that have invested in the community is also critically important to the economic vitality of the city. • PORT /AIRPORT/VIOLET AREA DEVELOPMENT PLAN: The specific goal of the Port/Airport/Violet Area Development Plan is to promote redevelop- ment of under -used land and proper development of abundant vacant land in the area. Staff Comment: While heavy industrial zoning is not supported by the plan, sustaining the existing uses in the area and encouraging new commercial and industrial uses is the goal of the plan. The principle use of the property is consistent with the plan and the above ground fuel storage tank can be considered an accessory to the primary commercial use. Therefore, rezoning to accommodate the tank should be the goal. Traffic Count: Street R.O.W. Street Urban Existing ROW Planned ROW Traffic Volume Transportation Plan and Paved and Paved 2007 Type Section Section South Padre 310 foot row, six Island Frontage Freeway through lanes, two frontage Same as existing 1,631 Eastbound Frontage Road Road roads with two lanes each trips per day Plat Status: The subject property is in the process of being platted. Department Comments: • The primary use of the property for a commercial rental car agency is consistent with the Future Land Use Plan. Rezoning of a small area to a "I -3" Heavy Industrial District would help to promote the business but would not be consistent with the Future Land Use Plan. A special permit would allow conformity with the plan and would help to promote the planned commercial rental car business. • The Fire Department has reviewed and approved the attached site plan. • The applicant is in agreement with the staff recommendation. —174— City Council Zoning Report Case ft: 0109 -02, Closner Brownstone Ventures Corpus, LLC I -2 to 13 Page 5 Staff Recommendation: • Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for two UL2085 above ground fuel storage tanks or one combined above ground fuel storage tank subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus two UL2085 above ground fuel tanks or one combined tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline. 2. Fire Department Approval: The above ground fuel tank(s) shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank(s) will not be allowed without Zoning Board of Adjustment approval. 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. Planning Commission Recommendation: • Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for two UL2085 above ground fuel storage tanks or one combined above ground fuel storage tank subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus two UL2085 above ground fuel tanks or one combined tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline. 2. Fire Department Approval: The above ground fuel tank(s) shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank(s) will not be allowed without Zoning Board of Adjustment approval. 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. —175— City Council Zoning Report Case #: 0109 -02, Closner Brownstone Ventures Corpus, LLC I -2 to 13 Page 6 Number of Notices Mailed 4 — 2 within 200 foot notification area; 2 outside notification area Favor — 0(inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) (As of December 26, 2008) Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. Smart Growth Principles 11. City Charter — Article V- Planning 12. Metes and Bounds Description 13. Site Plan -176- S,',!E'JECT PROPER] Y CASE # 0109 - 02 1. NEIGHBORHOOD - 2007 AERIAL flSubject Property Refer to Mao 2; " 2b for Neighborhood . s •:c as. Also available Map Scale: 1:10,000 SUEJE - r PROPERTY LOCATION MAPI" • City of cfirplIS Christi I B EA B- 11V 400 800 Feet M. I IL g,.SIJECJEC T PROPET:7 Y TH. JHH 1 II _LH 1111 ' <1.\ <"1.■ ' r taa \.1 AS - -• • • aaa CASE # 0109-02 2.a. NEIGHBORHOOD - EXISTING LAND USE R,Ti Estate Residential - ER Fri Light Industrial - LI Low Density Res. • LOP E3IJ Hevvy Industrial - HI r.9-v? f-- nsity Res. - INDP Public Semi-Public • PSP rgh a nsity Res. • HOP I Rai k L. :al ■ ; Home - MH 1 Do:. 1 Drainage Corridor - DC ic VAC CP Conseryation/Preservation - CP 7 Prorc tonal Office - PO 71 Water Comm rcial - COM LEP Map Spate: 1:10,000 to FROPLRTY • 1,(152. LOCATION MAPI- • City of corpus . rin. g] SUBJECT\ PROPERTY \,. 80 et 121/5,2008 FrepardBy: SRA irtmeot of devefopmentServices m LDR CASE # 0109 -02 2.b. SITE- EXISTING LAND USE Estate Residential ER Low Density Res. -.LDR Med Density Res. - MDR ® High Density Res. - HDR Mobile Home - MH Vacant -. VAC PD I Professional Office- PC Commercial • COM VAC it Light. Industnal - LI Heavy industrial - Hl Public Semi - Public - PSP Park DG Drainage Corridor - DC C,rf "'., Conservation/Preservation -CP Water Map Scale: 1; 2.400 SUBJECT PROPERTY LOCATION MAPP\ L! DC gEAr L! I I LI LI PBP Q csPH, RCP -' LDP DC; 3 1 �• 4PP REP -72 l 7 <1 \ SUSJECT _ 'A PdOPERTY REP REF aa 7 / -, ISC L; -LI 7 UDR- Frvr LI COM. L PFP PS °U PS,PDC ,2 COM CCMI COM LG CASE # 0109 -02 a. NEIGHBORHOOD - FUTURE LAND USE Agricultural /Rural - AR - Tourist- TOR I Estate Residential - ER 17.Ie'] R- ,earchBusiness Park - RSP - Low Density Res. - LDR f LI _1 Light Industrial - LI - � rsityRes. -MDR Heavl Industrial - HI .:j -^gh Density Res. - HOR mr1 Pub!„ Semi - Public - PSP -i , He Home - MH Park ,cant =VAC - Drainage Corridor - DC -51 Protes atom/Office- PO DP Dredge Placement - DP Commercial - COM l .1 Water C P Conservation/Preservation - CP Transportation Plan gW111°— .4 +ferib's Collector -- -- Expressoaays urur. Map Scale: 110,000 Parkway } Railroad FROPLRTY • City of corpus LOCATION MAPI Christi LF' 4Un LI ■ SUBJECT PROPERTY REP CASE # 0109 -02 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR - Tobrist - TOR 1 Estate Residential - ER l=ei] R- •?erch /Business Park - RBP - - Low Density Res. - LDR f Li ] Light Industrial - LI -- - �' ,sity Res. • MDR Heavl Industrial - HI gh Density Res. - HOR Thrl Pub!„ Semi - Public - PSP Ile Home - MH Park - 1 'cant VAC - Drainage Corridor - DC ' 'on tonal Office • PO "P Dredge Placement - DP _u n. ,..✓cial -COM l ] Water ca Conservation/Preservation • CP Transportation Plan .4+ferib'• Collector - - --. Ex pi osslvays ur- Parkway } Railroad Map Scale: 12.400 • SUBJECT PROPERTY ytJ, LOCATION MAP" • City of Christi t dt r c\ Y I f} YDUSTRIRL -( _'HNOLOGY PARK SUBJECT PROPERTY • CASE # 0109-02 4. SITE- 2007 AERIAL Refer td Mao 2'or' Neighborhood Es.sf n, Leysi Use 41so available di !. !. !..ccte':as.com / SUBJECT / PROPERTY LOCATION MAP" • Cit Oi corpus i Rl'i s}i 5-4 6 -A TRIAL TECHNOLOGY PARK JNi? 1 -2 GUGENNE!A ANO COHN cUGENHE9?'ND PARK 1 -2 2 400 SUBJECT PROPERTY SOGENHEtff AND COHN 80 et 12/15/2008 Prepated Sy: SRR irtmeot of development Services CASE # 0109 -02 5. SUBJECT PROPERTY Subject Properly SUBJECT PROPERTY r _ LOCATION GUGENHEIM Ah1O COHN SUBJECT PROPERTY SLIGENHEtM AND COHM 80 et 12N5,2008 Prepared By SRR irt meot of Development Services CASE # 0109 -02 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A -1 [mailmen! Hein District 418 Apatrnant Coupe District 1 P-2 "raiment house 2i tri t AB Professional ©file District AT He ai In nt Tounisst LLstd.t B-1 leagisboi boort euaine o D>rolFt B-14 elnigasphood Bualnuse trt E2 GeV-real Puffiness Doter BRA bainer Island Business District B- Business Cnstnct B-4 General Busintsci District R Primers BUSIlleSS Dise O B6 PrII'1a ELsiness Gars District ED Cori LIS Christ Beach Design DISC F:R Farr Rt. al District H4 Hateamll- Guttural Landmark Preservation 101 P OD' -1 Limited Industrial District cart Industri l District 3 H_avy IndustrialDst-mt RCM Planned Unit Development R ? Ore Fa lyG lir9 Gist ref R =B Our Family Defiling 011Trib1 R - +r or- Family Debll rig D >trtct R-2 PrEltiple Ewe ling 4strtot RA One Family Grueling Disznat RE Residential Estate Distract R- H icenbouse Dnemng Dts€6cf SF G:01 Perivu sal a Tavel Trailer Park PISS, TM B Nxnufaetmad HAAS Pall DLtdet .i seuraolured Home 9 bdd5lan [Rabid 9]g1Y a ruva A Cone wo s:ed v$p otv era, aiiached Jte &elfJiabre Ain cootasIGfd SUBJECT PROPERTY LOCATION MAP}'`, Attachment 7 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0109 -02 Name: Charles Prochazka Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 4 Returned undeliverable: 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 ( )% II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED \I. Planning Commission\2009_pf`eVublic Comments \0109- 02.doc �_o__.mss -7a i n 7,$ i°ll101aa <k �` r r -- rrrrrrrrr_ PPP INN N 2= 2 666666666 €§ § 8 111111111 NN N —194— Attachment 8 Attachment 9 - 95- 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 high or low buildings 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 Regoladons. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "B-5" Primary Business District except for signs as enumerated in Item (2) 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 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are farther 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 raw materials refuted elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals. Petroleum Coal. and Allied Products 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) Clay. Stone. and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) food and Beverage 02/08 1 -2 —195— 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 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 Gram 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 faun 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 manufacture 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. Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat 1 -2 -196- - 97- 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) Yarn, threads and cordage Wood and Paper 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 Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materiels 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 garments, 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 including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (i) All outside storage shall be screened from view from the at -grade public right - of-way; (ii) The outside storage may not be located in the required minimum building setbacks. 02/08 1-2 —197- - 9g- 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 ((racing) 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 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off-street Loading Regulations. The off - 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 "R -IA ", "R -1B ", "R -2 ", "A -1 ", "A -1A ", or "A -2" 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 "R -IA ", "R -1B ", "R -2 ", "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 1-2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district 02/08 -198- 1 -2 (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 -199- - 87 - ARTICLE 17. "3-5" 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 "8 -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. ( 7) Optical goods manufacture. ( 8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 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 (8) 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 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) ( 9) Accessory buildings and uses. Section 17 -3 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 off -street parking is not required. (Ordinance 25390, 07/15/03) Section 17-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 8-5 -200- -88- 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 -IA ", "R -1B ", "R -1C" "R -2 ", "A -1" "A -IA ", 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 ", "R -1C" "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. Section 17-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-5 -201- • 85 - ARTICLE 16. "3-4" 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 "13-4" 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 shall be used only for the following purposes: (1) Any use permitted in the "B-I" 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) ( 5) 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) (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 84 -202- - 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 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: 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 ", "R -18 ", "R -1C" "R -2 ", "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 ", "R -18 ", "R -1C" "R -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. 02/08 8-4 -203- - 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 further 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) ( 8) 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 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: 02/08 B-1 -204- - 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 -1B ", "R -1C ", "R -2", "A -1 ", "A -1A ", or "A -2" residential district. 12 -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 ", "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 -205- - 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: ( 1) Any use permitted in the "12-1A" 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 -206- -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 11 -4 Off-street Loading Regulations. The off - street loading regulations %r 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 -207- Attachment 10 Zoning Case: 0109 -02, ClosnerBrownstone Ventures Corpus, LLC From: "I -2" Light Industrial District to "I -3" Heavy Industrial Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 0 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 10 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 10 —208— Attachment 11 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (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 -209- Attachment 11 comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 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. -210- Attachment 12 Mut ve Dim.. Jo„ P,E.,R,PJ.S, So 14 S. ALAMEDA,'YIP 711444 NIXON M. gicl.sii, P,E,14.121.3. Prr.361 882 -5521— FAX 361 86211261 BASS & WELSH ENGINEERING r,©. aux 6397 Corpus Christi, 114 754664397 Field Note DeR.rlptloe November 12, 2008 Being spoilt° tithe 4.011 acre tact described In Ihedeed recorded tinder Clerk's Flle No. 2008037103, mkt treat battt0 a portion of Lola 3 side, $action 5, Range VW, f3iggesbehmCdn Farm Lots, also beingthatbnct being patted n Lot 1, Industrial Tachndogy Perk, Unit s, and being more amicably described by metes end hounds ea!Sys Comtr>anclnp nt e point within qra 4.011 more tract for the west earner of this beet %HENCE the northwest owner of The 4.011 tract bears 14 373974' W109.50 feet eid 8 52•21336" west 153.72 led THENCE N 82'20'36' E a Shoats of 4a Op lase to a point for the north corner of this had, THEME 5 37'39'24' Es Irene° of 20.00 feel to point for the east corner of this tract, THENCE 8 62.21736" weal is &dance of 40.00 feet to a pail for the south carver of ttds trxt THENCE N 37'39'24` We 81e1anal 020,00 Matto the point for the bap Meg tamNtp a tract embracing 800 equate feet 10,018 acree7, Realms as Stets arrests Lambert G46 rw4R Zone t4A.0. 1012 a90Qt4'kid Note aetalperrt 41 k N 4a 4 ._.J Of 31.833 AC. 6 OMEN a 7, 0014$ ARM w MOE MN MR51 ASSEMBLY OF COD D. MO. 1048010 REOORDS 279 F NIECES COMM MIAs TO BE REZONED 900 SO. FT. 0.018 ACRES PROPOSED REZONING 4.011 AC. GUGENHEIM & C +HNGFARM LO RANGE VIII send Bass et 2054 rub. &. 7B Corpus C 78404 1 (351) 852-5521 (phoss) (361} 682 -1286 -212- eb 00 Sore 1. -1D0 tt -1146 REO awing Ha NEBND( Sheol 2 of 2 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday January 7, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman John C. Tamez Govind Nadkarni Johnny R. Martinez Evon J. Kelly David Loeb *James Skrobarczyk ABSENCES: Mark Adame I. CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Miguel Saidana, Special Services Bob Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Debra Brown, Assistant City Attorney Sylvia Sanchez, Recording Secretary A quorum was declared and the meeting was called to order at 5:33 p.m. by Chairman Garza. A. ZONING 1. New Zoning a. Case No. 0109 -02 ClosnerBrownstone Ventures, Corpus, LLC — A change of zoning from a "I -2" Light Industrial District to an "I -3" Heavy Industrial District resulting in a change of land use from light to heavy industrial 800 square feet out of a 4.011 acre tract out of Lots 3 and 6, Section 5, Range VIII, Gugenheim & Cohn Farm Lots, located on the west side of North Padre Island Drive between Old Brownsville Road and Corporate Drive. Mr. Payne presented the above case via Power Point, stating the applicant is Closner/Brownstone Ventures, Corpus, LLC. Mr. Payne stated the subject property is 4.011 acres out of Gugenheim & Cohn Farm Lots, located on the west side of North Padre Island Drive between Old Brownsville Road and Corporate Drive. The request is from "I- 2" Light Industrial District to "I -3" Heavy Industrial District. The applicant is requesting an above storage tank site of 800 square feet. Applicant wants 2 tanks or one combined tank. The proposed 2,000 gallon tank will be used for diesel fueling and the 500 gallon tank will be used for gasoline fueling. The applicant is under construction for a new Hertz —213-- Planning Commission Minutes October I, 2008 Page 2 Rental car business. The applicant has a contingency plan where they had designed for underground fuel storage if necessary. The plans that was presented to staff were submitted with specification that if they are not approved for the above ground fuel storage tanks, they will do underground storage tanks. If the zoning is approve the applicant will amend their building plans to show above ground fuel storage tanks. Mr. Payne added that staff is recommending denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for two UL2085 above ground fuel storage tanks or one combined above ground fuel storage tank subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus two UL2085 above ground fuel tanks or one combined tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline. 2. Fire Department Approval: The above ground fuel tank(s) shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank(s) will not be allowed without Zoning Board of Adjustment approval. 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. Public hearing was opened. Public hearing was closed. Motion for approval of staff recommendation of denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit with the specified conditions was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Adame being absent. —214— Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CLOSNER/BROWNSTONE VENTURES CORPUS, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 800 SQUARE FEET OUT OF A 4.011 ACRE TRACT OUT OF LOTS 3 AND 6, SECTION 5, RANGE VIII, GUGGENHEIM -COHN FARM LOTS, FROM "1 -2" LIGHT INDUSTRIAL DISTRICT TO "I -2/SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW TWO UL2085 ABOVE GROUND FUEL TANKS OR ONE COMBINED TANK WITH A CAPACITY TO STORE 2,000 GALLONS OF DIESEL FUEL AND 500 GALLONS OF GASOLINE, 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; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Closner/Brownstone Ventures Corpus 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, January 7, 2009, during a meeting of the Planning Commission, and on Tuesday, February 17, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 800 square feet out of a 4.011 acre tract out of Lots 3 and 6, Section 5, Range VIII, Guggenheim -Cohn Farm Lots generally located on the west side of North Padre Island Drive.between Old Brownsville Road and Corporate Drive, from "I -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow for two UL2085 above ground fuel storage tanks or one combined above ground fuel storage tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline, subject to a site plan, attached, and four (4) conditions. (Zoning Map 051041) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: H. \ LEG-DI R\Shared\LEGAL -DE V. SVCS\2009 Agenda ‘2-170R01z5rirng0109-02-Closner-NPID-1-2-special perrnit. doc Page 2 of 4 1. Uses: All uses allowed by the base zoning district plus two UL2085 above ground fuel tanks or one combined tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline. 2. Fire Department Approval: The above ground fuel tank(s) shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank(s) will not be allowed without Zoning Board of Adjustment approval. 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 31 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 by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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 by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 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 of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 17th day of February, 2009. H: \LEG-DI R \Shared\LEGAL -DEV. S V CS\2009 Agend a\2124i63-con ing 0109 -02- Closner -NP I D -I -2- special permit. doc ATTEST: CITY OF CORPUS CHRISTI Page 3 of 4 Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: February 9, 2009 :l am/- 1_ er eborah Walther B Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS12009 Agenda2-17 \3 zL hg0109 -02- Closner - NPID -I -2- special perrnit.doc Page 4 of 4 Corpus Christi, Texas day of , 2009 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. I /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 Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agendaa\ arrzoning0109- 02- Closner- NPID -1 -2- special permit.doc 5 -A 1- 2 6 -A 7 INDUSTRIAL TECHNOLOGY PARK UNIT 1 GUGENHEIM AND CONN 8 1 -2 2 SUBJECT PROPERTY GUGENHEIM AND COHN 0 400 800 Feet IYIS'2&18 PoaYv8RR Department el DevNepinmrS CASE # 0109 -02 Planning Commission and Staff Recommendation From: "1 -2" To: "SP" with four conditions Ordinance No.: y' LOCATION MAP —219— Fnd 5/8 LOT 1, BLOCK 1 GUGENHEIM INDUSTRIAL PARK VOL. 55, PG 155 M.R.N.C.T. OVERHEAD SIGN EASEMENT DOC. NO. 2006038803 O.R.N.C.T. 4.011 AC �� vvV. R GVVVVJ /IVJ/ (�\ 0.P.R.N.C.T. �J O 44 PORTION OF 31.633 AC. LOTS 3, 5 & 7, SECTION 5, RANGE VIII GUGENHEIM & COHN FARM LOTS FIRST ASSEMBLY OF GOD DOC. NO. 1996010229 OFFICIAL RECORDS NUECES COUNTY, TEXAS EA TO BE REZONED 800 SQ. FT. 0.018 ACRES PROPOSED REZONING OF 800 SQ. FT. IN A 4.011 AC. TRACT, LOTS 3 & 6, SEC. 5, RANGE VIII GUGENHEIM & COHN FARM LOTS Prepared by Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 ( (361)8 8825 1265 (phone) (fox) Job No: 08002 Scale: 1'8000' Date: 11 -11 -08 Drawing No: REZONEBNDY Plotscole: 1=1 Sheet 2 of 2 MURRAY BASS, JR., P.E.,R.P.LS. Nixon! M. WELSH, P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 PH. 361 882 -5521— FAX 361 882 -1265 BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 Field Note Description November 12, 2008 Being a portion of the 4.011 acre tract described in the deed recorded under Clerk's File No. 2008037103, said tract being a portion of Lots 3 and 6, Section 5, Range VIII, Gugenheim -Cohn Farm Lots, also being that tract being platted as Lot 1, Industrial Technology Park, Unit 3, and being more particularly described by metes and bounds as follows: Commencing at a point within the 4.011 acre tract for the west corner of this tract, WHENCE the northwest corner of the 4.011 tract bears N 37 °39'24" W 119.50 feet and S 52 °20'36" W 153.72 feet. THENCE N 52 °20'36" E a distance of 40.00 feet to a point for the north corner of this tract, THENCE S 37 °39'24" E a distance of 20.00 feet to a point for the east corner of this tract, THENCE S 52 °20'36" W a distance of 40.00 feet to a point for the south corner of this tract, THENCE N 37 °39'24" W a distance of 20.00 feet to the point of beginning forming a tract embracing 800 square feet (0.018 acres). Murray Bass,'Jr., R.P.L.S. Note: Bearings are a State of Texas Lambert Grid South Zone N.A.D. 1983 08002 -Field Note Description_A Page 1 of 1 —221— 10_ AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: February 17, 2009) Case No. 1008 -01 Mark Ritteers: 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 from commercial to light industrial on the property described below as Lexington Plaza Annex A, Block 2, Lot 9 -B, located on the south side of South Padre Island Drive between Cosner Street and Carroll Lane Background: This case was originally presented on October 1, 2008. A public hearing was conducted and the Planning Commission approved tabling to November 12, 2008, in order for the staff and the applicant to develop a site plan for a special permit. The case was later tabled at the applicant's request on December 10th and January 7, 2009. The difference between the Planning Commission recommendation and the staff recommendation is that the staff recommendation does not allow outdoor repair uses during the construction of the new building and does not allow permanent outdoor storage uses as depicted on the site plan. Planning Commission Recommendation (January 7, 2009 ): Denial of the "I -2" Light Industrial District and in -lieu- thereof approval of a Special Permit subject to a site plan and the following fifteen (15) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the `B- 4" Business District is a "auto repair, heavy" as defined in the Zoning Ordinance but excluding impound yards for wrecked vehicles. 2. REPAIRS INSIDE A BUILDING: Outdoor auto repair may continue temporarily for up to two years in the area designated for the future building per the site plan. 3. Building Expansion: The property owner will expand the existing building, per the site plan, to allow space for repair of a total of four heavy vehicles (dump trucks, buses, etc.) inside a building. 4. Easement: Remove any existing buildings out of a public easement or apply for a full or partial easement vacation. 5. OUTDOOR STORAGE: No new outdoor storage of any type of materials except for existing areas designated for open storage on the site plan. 6. Stormdrainage: Excess storm drainage from the site must drain on to South Padre Island Drive must be approved by TxDOT. Storm drainage shall not include effluent from vehicle repair operations. (See Attachments 12 and 13) 7. Existing Buildings / Environmental Quality: Existing buildings shall comply with environmental quality requirements, including oil separator requirements. See Corpus Christi Plumbing Code requirement: 1003.4 Oil Separators Required which requires 6 cubic feet of capacity for the first 100 square feet of repair area and one cubic foot of additional capacity for each additional 100 square feet; Corpus Christi Plumbing Code: Chapter 11 Storm Drainage. 8. Propose Building Expansion / Environmental Quality: The building expansion shall require an oil separator of sufficient size to handle the volume of effluent from the auto repair operations in accordance with the City's Plumbing Code. The existing oil separator may be used for the building expansion if the separator is consistent with design requirements of the Corpus Christi Plumbing Code otherwise an additional oil separator will need to be installed per the Corpus Christi Building Official and the Environmental Quality Department. See the Corpus Christi Plumbing Code requirements in Condition 7. 9. Hours of Operation: Business hours are limited to between 7:30 AM and 7:30 PM for auto repair, heavy uses. 10. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be located: a) Parallel to the south boundary line of the property per the site plan extending from the rear wall of the existing building east and west to the property line. b) Along the east property line in the rear half of the property as illustrated on the site plan. c) The screening fences must be installed within one (1) year of the date of this ordinance. 11. Landscaping: Compliance with new construction requirements in Article 27B. Landscape requirements pertaining to the existing street yard area to comply as if all existing structures are new construction. 12. Buffer Yard: A 25 foot rear buffer yard will be maintained by the owner. The buffer area will remain -225- Agenda Memorandum Case No.: 1008 -01 Mark Rittgers Page 2 free of any structures, storage materials or dumpsters. 13. Signage: The property owner will remove three (3) of the five (5) free standing pole signs in the front yard as indicated on the site plan. 14. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 15. Time Limit: This Special Permit for conditions 2,5,6,7,9,10,11,12, 13 and 14 expires in six (6) months from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all specified conditions except conditions three (3), four (4) and eight (8) which shall comply within two (2) years. Staff Recommendation: Staff's original recommendation: Denial of the "I -2" Light Industrial District. Staff's Revised Recommendation: Denial of the "I -2" Light Industrial District and in- lieu - thereof approval of a Special Permit subject to a site plan and the following fifteen (15) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the `B- 4" Business District is a "auto repair, heavy" as defined in the Zoning Ordinance but excluding impound yards for wrecked vehicles. 2. REPAIRS INSIDE A BUILDING: No outdoor auto repair. 3. Building Expansion: The property owner will expand the existing building, per the site plan, to allow space for repair of a total of four heavy vehicles (dump trucks, buses, etc.) inside a building. 4. Easement: Remove any existing buildings out of a public easement or apply for a full or partial easement vacation. 5. OUTDOOR STORAGE: No outdoor storage of any type of materials. 6. Stormdrainage: Excess storm drainage from the site must drain on to South Padre Island Drive must be approved by TxDOT. Storm drainage shall not include effluent from vehicle repair operations. (See Attachments 12 and 13) 7. Existing Buildings / Environmental Quality: Existing buildings shall comply with environmental quality requirements, including oil separator requirements. See Corpus Christi Plumbing Code requirement: 1003.4 Oil Separators Required which requires 6 cubic feet of capacity for the first 100 square feet of repair area and one cubic foot of additional capacity for each additional 100 square feet; Corpus Christi Plumbing Code: Chapter 11 Storm Drainage. 8. Propose Building Expansion / Environmental Quality: The building expansion shall require an oil separator of sufficient size to handle the volume of effluent from the auto repair operations in accordance with the City's Plumbing Code. The existing oil separator may be used for the building expansion if the separator is consistent with design requirements of the Corpus Christi Plumbing Code otherwise an additional oil separator will need to be installed per the Building Official and the Environmental Quality Department. See Corpus Christi Plumbing Code requirements in Condition 7. 9. Hours of Operation: Business hours are limited to between 7:30 AM and 7:30 PM for auto repair, heavy uses. 10. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be located: a) Parallel to the south boundary line of the property per the site plan extending from the rear wall of the existing building east and west to the property line. b) Along the east property line in the rear half of the property as illustrated on the site plan. c) The screening fences must be installed within one (1) year of the date of this ordinance. 11. Landscaping: Compliance with new construction requirements in Article 27B. Landscape requirements pertaining to the existing street yard area to comply as if all existing structures are new construction. H:\PLN -DIR \SHARED \I. Planning Commissio_V,g1 rrweb D91008-01 AGENDA MEMO Ringers B-4 to I-21 doe Agenda Memorandum Case No.: 1008 -01 Mark Rittgers Page 3 12. Buffer Yard: A 25 foot rear buffer yard will be maintained by the owner. The buffer area will remain free of any structures, storage materials or dumpsters. 13. Signage: The property owner will remove three (3) of the five (5) free standing pole signs in the front yard as indicated on the site plan. 14. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 15. Time Limit: This Special Permit for conditions 2,5,6,7,9,10,11,12, 13 and 14 expires in six (6) months from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all specified conditions except conditions three (3), four (4) and eight (8) which shall comply within two (2) years. Requested Council Action: Approval of the Planning Commission's Recommendation Summary: • Request: The applicant is requesting a change of zoning on 2.33 acres from a `B -4" General Business District to an "I -2" Light Industrial District. Currently, the applicant has a contract with the city. The contract is for transmission work on smaller vehicles. It is the desire of the applicant to augment the existing auto repair services to include work on the commercial trucks. Initially, the applicant also wanted an onsite billboard (14'x40'), however at the public hearing the applicant indicated that only the heavy auto repair is needed. As part of the applicant's request, he has indicated that three of the five pole mounted existing signs would be removed. • Zoning: The subject property is zoned `B-4 ". The purpose of the `B-4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the `B -4" District. The `B-4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement. • Existing Land Uses: The subject property is used for auto repair and several commercial business uses. A retail store and a church are located east of the property. To the west is an AT &T retail store. Single family dwellings are located south of the subject property. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses, therefore, the proposed "I -2" Light Industrial District is not consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. H:PLN- DIRISHARED\I. Palming Commiesion\.fl{j922915 p9 \1008 -01 AGENDA MEMO Rittgen B-4 to I- 21.doc Agenda Memorandum Case No.: 1008 -01 Mark Rittgers Page 4 • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Generally, issues of noise, odor, bright lights, and hours of operation can individually or in combination negatively impact a residential neighborhood. With the degradation of the residential area comes a reduction in tax value, less owner occupancy, and an overall reduction in the quality of the neighborhood. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCREENING FENCES, OPEN SPACE AND LANDSCAPING. Compact commercial centers should be located at major intersections. Commercial centers that are compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways /exits can be designed to serve several businesses and right turns onto major streets can be encouraged. Commercial centers should also be designed so that the impacts of automobile intrusion, noise and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. Staff Comment: When a strip of commercial uses directly abut a residential neighborhood extra care must be taken by the City to assure that the impact from abutting uses on the neighborhood will not make residential life an unviable land use. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Currently, the City has approximately 3.56 square miles of light industrially used land. • SOUTHSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B.4 - POLICY STATEMENT The "B-1" Neighborhood Commercial and other commercial zoning regulations, in concert with the Comprehensive Plan policies, should be reviewed and revised as necessary to control the size and use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity. True "neighborhood" commercial activities should be aimed toward meeting the daily convenience retail needs of nearby residents for food, pharmaceuticals, personal services, etc. Rezoning to new "B- 1" Neighborhood Business District should occur on limited site areas in existing or new residential HFPLN- DIR\SHARED \I. Planning Conunissionf Wcb'09\I008-01 AGENDA MEMO BittBen BA to I -]L doc Agenda Memorandum Case No.: 1008 -01 Mark Rittgers Page 5 development. Higher intensity uses and larger sites should be located away from low density residential and along highway systems with capacities commensurate with their traffic generation. Future studies should be carried out to identify these inter - relationships. B.6 - POLICY STATEMENT High- intensity commercial and industrial areas should be buffered to provide transition from low- density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. B.7 - POLICY STATEMENT New high - intensity commercial (or industrial) developments without adequate transition or buffering should be discouraged from locating directly adjacent to low- intensity residential areas. Staff Comment: Buffering of offensive commercial and industrial uses is necessary where there is a direct residential adjacency and protection of the neighborhood is the goal. POLICY STATEMENT B.11 (related Southeast Plan for SPID) The City should establish development regulations along streets designated as scenic corridors, and at points designated for view vistas and gateways. Design objectives along view and scenic corridors should include...a prohibition of billboards and portable signs. Staff Comment: The Southeast Plan designated South Padre Island as a "scenic ". Designating SPID as a scenic corridor would at first appear to be a mistake given the unsightly nature of much of the roadway. However the designation was in recognition that SPID is the City's primary route to the gulf beaches, the area's number one tourist attraction. Designating SPID set an important goal for the City to improve the appearance of the roadway and the properties that front the roadway. A key to achieving this goal is to control the use of properties that abut the roadway so that over time the roadway aesthetics will be improved. Light industrial zoning is detrimental to achieving this goal. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2001 South Padre Island Drive F -1, Freeway/ Expressway 300 feet, 6 thru lanes, 4 frontage road lanes 400 feet 6 thru lanes and 4 lanes on two frontage roads 162,340 (Everhart) Plat Status: The subject property is platted. H APLN- D@\SHARED \I. Planning Commission\20Ot2FF'09\I OO11-01 AGENDA MEMO Ringer 8-4 to 1- 21.dac Agenda Memorandum Case No.: 1008 -01 Mark Rittgers Page 6 Department Comments: • The proposed uses requested by the applicant for "automobile, heavy, repair" and allowed in the "I -2" District are not compatible with the adjacent commercial uses and the single family neighborhood behind the property. These uses include: Repair of bodies, frames, or fenders, painting, undercoating, or rust proofing'; impound yards for wrecked vehicles in association with wrecker services; repair of heavy load vehicles such as recreational vehicles, tractor trailers, commercial dump trucks, or transit vehicles; or other similar heavy repair services. • The "I -2" District is not compatible with the goal of improving the appearance of South Padre Island Drive. Since the initial public hearing Development Services staff, including the Building Official and Environmental Services, have visited the site with the applicant and discussed various site issues concerning the existing uses on the property. After the site visit the Building Official provided the applicant with a letter and the Environmental Services Director provided an email response (See Attachments) listing those areas of concern with the existing operation. These issues are: • Heavy auto repair work being undertaken outside and not in an enclosed building. • Lack of a grease separator for repair work located outside. • Detail and car washing without a grease separator. • Attachment 12 is an email from the Stormwater and Environmental Quality Department providing a summary of violations from a site visit. • The applicant is not in agreement with the staff recommendation. Applicant's Action and Request The applicant has offered the following plan of action for compliance over a two year period. • Continue outdoor repair work until a new building is constructed, then all repair would occur inside a building. Expand the existing 40 x 50 foot large vehicle repair facility by building a 50 x 50 foot addition within two years. • Comply with the Plumbing Code on oil separator requirements for the existing and proposed building addition (use the existing oil separator or modify it to meet code). • On -site car washing by the auto detail shop has been stopped by the owner. • Continue outdoor storage of materials per site plan. • Removal of three existing pole mounted signs along the street frontage per site plan. • Install landscaping as if new construction, in the street yard of the lot. • Removal of any buildings located in an easement immediately. • Approval of construction of a billboard is no longer requested. • Install six foot screening fence per site plan. Notification: Of the twenty one (21) notices mailed to the surrounding property owners zero notices were returned in favor and zero were returned in opposition. The 20% rule is not invoked. However, this case is considered controversial due to the number of site plan conditions and existing violations. 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, H1PLN- DIB\SHABED \I. Panning Commission \ 202 . Scb'09\Ig08 -0 I AGENDA MEMO Bittgers B-4 to I -2idoc Agenda Memorandum Case No.: 1008 -01 Mark Rittgers Page 7 rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Johnny Perales, P.E. Interim Assistant City Manager of Development Services ' FGMJej Attachments: 1) Zoning Report 2) Planning Commission Minutes (October 1, 2008 and January 7, 2009) 3) Ordinance and Site Plan Senior Planner H:\PLN- DIR\SHARED \l. Planning Commission \ 200923Ft '09 \ 1008-01 AGENDA MEMO Ringers B-4 to 1- 21.doc CITY COUNCIL ZONING REPORT Case No.: 1008 -01 This case was originally presented on October I, 2008. A public hearing was conducted and the Planning Commission approved tabling to November 12, 2008, in order for the staff and the applicant to develop a site plan for a special permit. The case was later tabled at the applicant's request on December 10th and January 7, 2009. City Council Hearing Date: February 17, 2009 Applicant: Mark Rittgers Owner: Mark Ringers Representative: John Wilson Address: 3487, 3513, and 3511 South Padre Island Drive Legal Description/Location: 2.33 acres out of Lexington Plaza Annex A, Block 2, Lot 9 -B, located on the south side of South Padre Island Drive between Cosner Street and Carroll Lane Zoning Request From: `B -4" General Business District To: "1 -2" Light Industrial District Area: 2.33 acres Purpose of Request: Applicant wants to augment auto repair services with "auto repair, heavy" uses defined in the Zoning Ordinance. Zoning Existing Land Use Future Land Use Site `13-4" General Business District CommerciaUAutomotiye Service Commercial North "B -4" General Business District and `B -1" Neighborhood Business District Commercial Commercial South "R -1B" One - Family Dwelling District Single Family Dwelling Low - Density Housing East B -4" General Business District Commercial/Public Semi - Public Commercial West 'B -4" General Business District Commercial Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the Southside Area Development Plan. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for commercial uses. Map No.: 046037 Zoning Violations: Outdoor repair of vehicles and outdoor storage. 3- 1.05.3 Automotive Repair, Heavy. Repair of bodies, frames, or fenders, painting, undercoating, or rust proofing'; impound yards for wrecked vehicles in association with wrecker services; repair of heavy load vehicles such as recreational vehicles, tractor trailers, commercial dump trucks, or transit vehicles; or other similar heavy repair services. —232— Zoning Report Case No. 1008 -01 (Rittgers) Revised Page 2 Staffs Summary: • Request: The applicant is requesting a change of zoning on 2.33 acres from a `B -4" General Business District to an "I -2" Light Industrial District. Currently, the applicant has a contract with the city. The contract is for transmission work on smaller vehicles. It is the desire of the applicant to augment the existing auto repair services to include work on the commercial trucks. Initially, the applicant also wanted an onsite billboard (14'x40'), however at the public hearing the applicant indicated that only the heavy auto repair is needed. As part of the applicant's request, he has indicated that three of the five pole mounted existing signs would be removed. • Zoning: The subject property is zoned `B -4 ". The purpose of the `B -4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the `B -4" District. The `B -4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement. • Existing Land Uses: The subject property is used for auto repair and several commercial business uses. A retail store and a church are located east of the property. To the west is an AT &T retail store. Single family dwellings are located south of the subject property. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses, therefore, the proposed "I -2" Light Industrial District is not consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Generally, issues of noise, odor, bright lights, and hours of operation can individually or in combination negatively impact a residential neighborhood. With the degradation of the residential area comes a reduction in tax value, less owner occupancy, and an overall reduction in the quality of the neighborhood. -233- Zoning Report Case No. 1008 -01 (Rittgers) Revised Page 3 MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCREENING FENCES, OPEN SPACE AND LANDSCAPING. Compact commercial centers should be located at major intersections. Commercial centers that are compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left tum conflicts can be minimized, entryways /exits can be designed to serve several businesses and right turns onto major streets can be encouraged. Commercial centers should also be designed so that the impacts of automobile intrusion, noise and visual blight on surrounding areas will be minimized. Screening fences, open space or Landscaping can provide an essential buffer between shopping and residential areas. Staff Comment: When a strip of commercial uses directly abut a residential neighborhood extra care must be taken by the City to assure that the impact from abutting uses on the neighborhood will not make residential life an unviable land use. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Currently, the City has approximately 3.56 square miles of light industrially used land. • SOUTHSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B.4 - POLICY STATEMENT The "B-1" Neighborhood Commercial and other commercial zoning regulations, in concert with the Comprehensive Plan policies, should be reviewed and revised as necessary to control the size and use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity. True "neighborhood" commercial activities should be aimed toward meeting the daily convenience retail needs of nearby residents for food, pharmaceuticals, personal services, etc. Rezoning to new "B- 1" Neighborhood Business District should occur on limited site areas in existing or new residential development. Higher intensity uses and larger sites should be located away from low density residential and along highway systems with capacities commensurate with their traffic generation. Future studies should be carried out to identify these inter - relationships. B.6 - POLICY STATEMENT High - intensity commercial and industrial areas should be buffered to provide transition from low- density residential areas through the existence of: A) Main roads; 13) Public and institutional buildings; C) Open space; -234- Zoning Report Case No. 1008 -01 (Rittgers) Revised Page 4 D) Scale of design; and E) Other transitional land uses. B.7 - POLICY STATEMENT New high - intensity commercial (or industrial) developments without adequate transition or buffering should be discouraged from locating directly adjacent to low - intensity residential areas. Staff Comment: Buffering of offensive commercial and industrial uses is necessary where there is a direct residential adjacency and protection of the neighborhood is the goal. POLICY STATEMENT B.11 (related Southeast Plan for SPID) The City should establish development regulations along streets designated as scenic corridors, and at points designated for view vistas and gateways. Design objectives along view and scenic corridors should include...a prohibition of billboards and portable signs. Staff Comment: The Southeast Plan designated South Padre Island as a "scenic ". Designating SPID as a scenic corridor would at first appear to be a mistake given the unsightly nature of much of the roadway. However the designation was in recognition that SPID is the City's primary route to the gulf beaches, the area's number one tourist attraction. Designating SPID set an important goal for the City to improve the appearance of the roadway and the properties that front the roadway. A key to achieving this goal is to control the use of properties that abut the roadway so that over time the roadway aesthetics will be improved. Light industrial zoning is detrimental to achieving this goat. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2001 South Padre Island Drive F -1, Freeway/ Expressway 300 feet, 6 thru lanes, 4 frontage road lanes 400 feet 6 thru lanes and 4 lanes on two frontage roads 162,340 (Everhart) Plat Status: The subject property is platted. Department Comments: • The proposed uses requested by the applicant for "automobile, heavy, repair" and allowed in the "I -2" District are not compatible with the adjacent commercial uses and the single family neighborhood behind the property. These uses include: Repair of bodies, frames, or fenders, painting, undercoating, or rust proofing'; impound yards for wrecked vehicles in association with wrecker services; repair of -235- Zoning Report Case No. 1008 -01 (Rittgers) Revised Page 5 heavy load vehicles such as recreational vehicles, tractor trailers, commercial dump trucks, or transit vehicles; or other similar heavy repair services. • The "I -2" District is not compatible with the goal of improving the appearance of South Padre Island Drive. • Since the initial public hearing Development Services staff, including the Building Official, have visited the site with the applicant and discussed various site issues concerning the existing uses on the property. After the site visit the Building Official provided the applicant with a letter (See Attachment 11) listing those areas of concern with the existing operation. These issues are: • Heavy auto repair work being undertaken outside and not in an enclosed building. • Lack of a grease separator for repair work located outside. • Detail and car washing without a grease separator. • Attachment 12 is an email from the Stormwater and Environmental Quality Department providing a summary of violations from a site visit. • The applicant is not in agreement with the staff recommendation. Applicant's Action and Request The applicant has offered the following plan of action for compliance over a two year period. • Continue outdoor repair work until a new building is constructed, then all repair would occur inside a building. Expand the existing 40 x 50 foot large vehicle repair facility by building a 50 x 50 foot addition within two years. • Comply with the Plumbing Code on oil separator requirements for the existing and proposed building addition (use the existing oil separator or modify it to meet code). • On -site car washing by the auto detail shop has been stopped by the owner. • Continue outdoor storage of materials per site plan. • Removal of three existing pole mounted signs along the street frontage per site plan. • Install landscaping as if new construction, in the street yard of the lot. • Removal of any buildings located in an easement immediately. • Approval of construction of a billboard is no longer requested. • Install six foot screening fence per site plan. Original Staff Recommendation: Denial of the "I -2" Light Industrial District Revised Staff Recommendation Denial of the "I -2" Light Industrial District and in -lieu- thereof approval of a Special Permit subject to a site plan and the following fifteen (15) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the `B -4" Business District is a "auto repair, heavy" as defined in the Zoning Ordinance but excluding impound yards for wrecked vehicles. 2. Repairs inside a Building: No outdoor auto repair. 3. Building Expansion: The property owner will expand the existing building, per the site plan, to allow space for repair of a total of four heavy vehicles (dump trucks, buses, etc.) inside a building. -236- Zoning Report Case No. 1008 -01 (Ringers) Revised Page 6 4. Easement: Remove any existing buildings out of a public easement or apply for a full or partial easement vacation. 5. Outdoor Storage: No outdoor storage of any type of materials. 6. Stormdrainage: Excess storm drainage from the site must drain on to South Padre Island Drive must be approved by TxDOT. Storm drainage shall not include effluent from vehicle repair operations. (See Attachments 12 and 13) 7. Existing Buildings / Environmental Quality: Existing buildings shall comply with environmental quality requirements, including oil separator requirements. See International Plumbing Code requirement: 1003.4 Oil Separators Required which requires 6 cubic feet of capacity for the first 100 square feet of repair area and one cubic foot of additional capacity for each additional 100 square feet; International Plumbing Code: Chapter 11 Storm Drainage. 8. Propose Building Expansion / Environmental Quality: The building expansion shall require an oil separator of sufficient size to handle the volume of effluent from the auto repair operations in accordance with the City's Plumbing Code. The existing oil separator may be used for the building expansion if the separator is consistent with design requirements of the Plumbing Code otherwise an additional oil separator will need to be installed per the Building Official and the Environmental Quality Department. See the Corpus Christi Plumbing Code requirements in Condition 7. 9. Hours of Operation: Business hours are limited to between 7:30 AM and 7:30 PM for auto repair, heavy uses. 10. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be located: a) Parallel to the south boundary line of the property per the site plan extending from the rear wall of the existing building east and west to the property line. b) Along the east property line in the rear half of the property as illustrated on the site plan. c) The screening fences must be installed within one (1) year of the date of this ordinance. 11. Landscaping: Compliance with new construction requirements in Article 27B. Landscape requirements pertaining to the existing street yard area to comply as if all existing structures are new construction. 12. Buffer Yard: A 25 foot rear buffer yard will be maintained by the owner. The buffer area will remain free of any structures, storage materials or dumpsters. 13. Signage: The property owner will remove three (3) of the five (5) free standing pole signs in the front yard as indicated on the site plan. 14. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 15. Time Limit: This Special Permit for conditions 2,5,6,7,9,10,11,12, 13 and 14 expires in six (6) months from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all specified conditions except conditions three (3), four (4) and eight (8) which shall comply within two (2) years. —237— Zoning Report Case No. 1008 -01 (Rittgers) Revised Page 7 Planning Commission Recommendation: Denial of the "I -2" Light Industrial District and in -lieu- thereof approval of a Special Permit subject to a site plan and the following fifteen (15) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the `B-4" Business District is a "auto repair, heavy" as defined in the Zoning Ordinance but excluding impound yards for wrecked vehicles. 2. Repairs inside a Building: No outdoor auto repair. 3. Building Expansion: The property owner will expand the existing building, per the site plan, to allow space for repair of a total of four heavy vehicles (dump trucks, buses, etc.) inside a building. 4. Easement: Remove any existing buildings out of a public easement or apply for a full or partial easement vacation. 5. Outdoor Storage: No outdoor storage of any type of materials. 6. Stormdrainage: Excess storm drainage from the site must drain on to South Padre Island Drive must be approved by TxDOT. Storm drainage shall not include effluent from vehicle repair operations. (See Attachments 12 and 13) 7. Existing Buildings / Environmental Quality: Existing buildings shall comply with environmental quality requirements, including oil separator requirements. See International Plumbing Code requirement: 1003.4 Oil Separators Required which requires 6 cubic feet of capacity for the first 100 square feet of repair area and one cubic foot of additional capacity for each additional 100 square feet; International Plumbing Code: Chapter 11 Storm Drainage. 8. Propose Building Expansion / Environmental Quality: The building expansion shall require an oil separator of sufficient size to handle the volume of effluent from the auto repair operations in accordance with the City's Plumbing Code. The existing oil separator may be used for the building expansion if the separator is consistent with design requirements of the Plumbing Code otherwise an additional oil separator will need to be installed per the Building Official and the Environmental Quality Department. See the Corpus Christi Plumbing Code requirements in Condition 7. 9. Hours of Operation: Business hours are limited to between 7:30 AM and 7:30 PM for auto repair, heavy uses. 10. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be located: a) Parallel to the south boundary line of the property per the site plan extending from the rear wall of the existing building east and west to the property line. b) Along the east property line in the rear half of the property as illustrated on the site plan. c) The screening fences must be installed within one (1) year of the date of this ordinance. 11. Landscaping: Compliance with new construction requirements in Article 27B. Landscape requirements pertaining to the existing street yard area to comply as if all existing structures are new construction. 12. Buffer Yard: A 25 foot rear buffer yard will be maintained by the owner. The buffer area will remain free of any structures, storage materials or dumpsters. 13. Signage: The property owner will remove three (3) of the five (5) free standing pole signs in the front yard as indicated on the site plan. -238- Zoning Report Case No. 1008 -01 (Rittgers) Revised Page 8 14. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 15. Time Limit: This Special Permit for conditions 2,5,6,7,9,10,11,12, 13 and 14 expires in six (6) months from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all specified conditions except conditions three (3), four (4) and eight (8) which shall comply within two (2) years. E d E U Number of Notices Mailed — 21 within 200 foot notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. City Charter — Article V- Planning 11. Building Official Letter to the Property Owner 12. Environmental Quality Division Email 13. Stormwater Division Email 14. Site Plan -239- CASE # 1008 -01 1. NEIGHBORHOOD - 2006 AERIAL Reter to Map 21ar Neighborhood Existing Land Use Also available at www.ccteaas cam • CASE # 1008 -01 2. NEIGHBORHOOD - EXISTING LAND USE Estate Residential. - ER 1.77dy Low Density Residential. - LDR 11em. ensity Residential. - MDR =_n � High I tensity Residential. - HDR 11 i Home - MH 1 -J '✓acant- VAC orofe sional Office - PO m:ercial - COM u Lruht Industrial - LI Industrial - Hl Put • Semi- Public - PSP R B -3 ''. / y / y f cif / \ j 1l / /.:, r.. .... f \ r• • • - � --,,,,IA. l / : t. ''fit /� AA °RF B -1 -9N O • • / C �- / / ��4O / � / 7 O / .7 4 \.\ Q / rte. / / ,>.' o-- . / / �~ / / ���-1 / / i -` .,7 / �\ ,' _ • 0 100 200,1 Feet CASE # 1008 -01 2. NEIGHBORHOOD - EXISTING LAND USE Estate Residential, - ER !r:+ Low Density Residential. - LDR Met. ensity Residential. - MDR _\ High 1 tensity Residential. - HDR 11 i Home - MH 1 -J '✓acant- VAC orofe sional Office - PO • rnercial - COM u Lruht Industrial - LI Industrial - Hl Put • Semi- Public - PSP R { fail/ 20tre �4Wren 6/ ssR Depnnment of Development Bermes 1 �. 04 nu. • P.SPES or. LCi0 COi'A 1 'A St- Fr)R n `47 `PR'1 ^4- tr:LGR _- COM. C W � ' Z��� may; D Pao c0i7 -;.1. LOR r -• • 'Dffi' 4DP PSP _•r. �'i•�" COI a�L LDR,!!, ; YOR 4. rrr L;>R �!.� PSPES _ w ti �J`. �Ar��fti^r •['D,. 2 LDR N ` rsrom n �,CC r DR F,r'c��i+'1�•V,Zi A --Lb OR PARK. rn� � sLr_. ✓EC �: t^:��^C��S�� ��F��'�tr� r✓ - >' co P. ti1Or Lop PROPERT, r -_ R� b p = ;n7'Y C ''Pi: x � ti rt = • is ona \� \7• \�� -.�. R COM CO "APO • 4700 . .' Y nYF`'Q G T. -y�,�r r ry'k�nJ r\1��;E faifaRiCa Car.., -11 corta4 :OR laktairsyske--- >h 40n' CI O �LD,R � �V h \E g� ( r LGi Gnu. y� • !D� COT' ' LDR4 L C "7 011,7 .• 'y IVOR c Ji A PARK n LL •!� C. r F/ T.LCR 2- 'S(� 7- O F 1.. DR FSP LOR LOR'4. -s, COM • DI a/ ri:OR' SPE CASE # 1008 -01 3. NEIGHBORHOOD - FUTURE LAND USE u LTh PC: Agricultural /Rural - AR E, rate Residential - ER aW Density Res. - LDR d •;ity Res. - MDR ensity Res. - HDR bile Home - MH an- - JAC P�ofessinnaf Office • PO Co;nmercial- COM Tran >portation Flan Arterials Collectors E_rpress•rays - - -a: Parkway -m-m-1- Railroad - Tourist - TOR fie • ch /Business Park - RBP ;.fight Industrial - LI -lea . Industrial • HI rblle Seml- Public - PSP 'ark drainage Corridor - DC Dredge Placement- DP 6Vater Conservation/Preservation - CP 71 LOH' L .DR -- Ch; LOK • ;DR tr;ay(7`r� .�jF�r VoR PSPHS LOR ' LDR LDR PAhh MOP L. rap V` 1-1/ c g'LL P CDR,.,'i:._- -.: CGh7 rDR' n COM' LDR/ 1 / / 0 IT) -7 4' 0 SOULE YARD '1 Ati • • • OLAZA ANNEX A '3 0 ri M I C 0 L :7.'2 el L / 24 r • • „ „ 1 1 r - / , 22 r --.,..„,. A:. 11 2, --...,/ ,2 Lb-R,„ , --, (----, --... 20 / r ....„7 41 / A-...,,, .--..,,/[ 10 / 444 / 2 '1`-''..„, ---... 7 47 [---; / 1 / ''',. "-... , /8 / %-') ' e'''''. / 17 • 9 / CO Z, .741. 1 / 4 4-----,.../ --- 7 r , ',...... 11 7 ----..., / /-----, r --, „ ---.. 4 r;---, ;1 Ate* c'.•:pro r 1 -/ e , / 14.-1 -.T.-- ; / 3 , ..., -....", / / L E X 147 ," , b n P ' LY iv 14[Mr0 0 DI P CA^C,E I / ['' ..‹ r LEXI;i61-014 ESTATE C01.1 3 APAAVII. RV,Pl:/MY / tN4. A ZA A NNEX COM 3-a [[---./ LDR 21 / I / 4 %% 1° / / / / . . /14-..„,.. / CD6. ,' 4 ir , . 7 c„,4: / 8 /— 5 / / / 6 i I 0 100 2:°° I Feet 7 / 1/4 / 6 / —sr 7 3 / 23 „, 9 --'[-7/ 10 >'•-•- /.. „ , • 8 9 11 1 / , UDR 2 8 &: ZS, ' • repatO_O eit S;; N'N LbR / / 6 'y .rastitae (*.era frttlAs4# 2. CASE # 1008-01 3. NEIGHBORHOOD - FUTURE LAND USE 1 AR Agricultural/Rural • AR EN Tourist - TOR E s rate Residential • ER eh/Business Park - RBP Lcw Density Res. - LDR - ight Industrial - Li ' d f • sity Res. MDR E -lea Industrial • Hi It if tit Density Res. - HDR / tblk Semi-Public - PSP r • bile Horne - MH [ lark Drainage Corridor DC Pr Ptores:Swat Office- PC' DP Dredge Placement DP [ j Water rEn Conservation/Preservation • CP nor si.:(MTe Commercial COM Tren,portation Plan Arterials Collectors « • Ey press ivays au Parkway Railroad '71 , r \ ' • • , • • , SYBiECT PROPERTY \ • [". / ..i. • . 1 .1, • '' :4,, . . ILOCAT1ON MA F;N LF_X 1':1 (>TJI.E r•T`S L E V ,; { 8 <. ,:LEX +Nr) -UN P'AZA ANNEXJ'A ./ 9C. BOHEMIAN C , N,Y NDS • CASE # 1008 -01 4. SITE- 2007 AERIAL Subject Property Refer to Map 2 toy PJF hborhood Existing Land Us+e 4:so ay.a Babe at v ✓r "!" .cc(et.as co In r �B -4 / // / f / / / 3L UL,EVAr D PLA /CE / / /// // 7/ 11 / / /' �B -4 /// /4, /LEX(N1gTON... PL''AZ A. ANNEX A. .. / / / / BOHEMIAN CflL 07 LANDS / 1 1 / // 9C B -3 24 22 7 22-A 22 * // E S/1 RI /C 4 24 2 'LAZA ANNEX A. 3 / B /9 /LYNNWOOD 36 6 det 23 CASE # 1008 -01 5. SUBJECT PROPERTY S ,k 2, 008 'LSRR1 2 fG�S epartme\F?of B -3 24 y 22?J 22 -A E 4 7 2U 21 9.B/ F xXx / f / 3L Ut,EVAI D PLACE /i / / / / 11 / +` // / //0"2/4 EX!NATON PcFAZA A C/ 2 8d a` 7 BOHEMIA / N C /8 !4 LZ) / 4 ANDS AZA ANNEX 2 P/ �1. /EYNNWOOD P 36 0 6 100 1 Fget 23 CASE # 6. SITE - EXIS NOTICE AREA Al . II+ A-1 AB AT B -I B2 B -_ 2 -L B -s ao BD F -R HO Arlin-Apt Hesse District AFAtriert House District Imminent Rouse District Prefessonsl Oece AIArIHt Aoatl tTrurtsf. Dlvdm Neighbellt nod Business Dst iet Neighborhood Business Detrlct Baugont Business Dishld Barnes Island business Deft Ft Rumness District General Business Distrct Primary Business District Pdmgry Business Core District Gouts Christi Beach Design Dist_ Farm Rural Disbist HietI%isel-Cniturel Lxuldinark Preservation 1008 -01 TING' ZONING, & OWNERSHIP ;irbfv'C1. PtpA y : wih.200' buffer G, islet' '- Oeevers >E S rno7 h)e 4% H open. don I •1 Lmrted Indust rial.Dlso-lpt 1-2 Light l ndustI ielD:riict 1-2 Hex io@OHlnal District DUD Planed Unit DvHnpmbnt P-IA One Family inc Iing Dsmct R -IB One Fun lily Dwelling D Ski cl R-I Orie Family Dwelling Dee ct R -2 Multiple Dwelling District RP One Family Duelling Di strict RE Reaidertial Estate Oistrlct R-TH Townhouse Dwelling Herrtl SP Special Bernet T-1A Travel' Mal let Pgrp GISIret T -1 B 11e uf3oteted Hume Pei Ir District T ii2 Nelrifectured HarneSbclts's -1 Dirlrict L \N Z. 2, 008 'aRR 2 Vices epR artme\Rof Attachment 7 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 1008 -01 Name: Mark Rittgers Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 21 Returned undeliverable: 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 ( %) II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: Opposition: Frank Johnson — See Letter 0 1 H:\PLN- DIR\SHARED\Beverly\2008 P02008 Public Comments \1008.01.doc —253— 9s9 ������������� ass 10 “4 S"emmommi %$nm0, e4r RwEd .mddoom$ at pi fa 0 F LL 0 0 W N 0 t <Nm Y O tN.: yyo on U� "pthd. 88066 mmmmi `� •-4-▪ J -4 °C°°$'N.Nmay cri5S < « <Jt�FFFFf FFFFFF ‹..c. z���ttt_ttttttztttt zzz gzzz =zz ,_zzzzzzzzzzz zzz « < Jw Jw J wwIwwwwwO SSSSSs wWWW wwwwWW W ��I °ggg ga53505 5 °55 5 Uu¢a nn au . t, a nua 00000 000000 zzz L2q22 ERR g §55w»r�M,»; »��>; WW www A y w wwwwwwww,0 n- % IM aaaaa M 5 N �8525E5556G m a Aaaaaaa- 00 a r rrrrrrrrrrrxx xxxx rrr rr rrrxrxxxrxx N 5N5N5 N5NI555,5555555 EP NN ¢ ¢K¢¢C ¢¢¢¢¢¢¢¢EC¢¢ ¢¢¢ if. KCa'aa O 00000z00w0000000c0i X00 i t Iratiea$Lnt.a O NOM NN CO WOW NNNNNN CO MN 00 4)00500 0000 O »>� 7770777777 00 3 8 na.... 88 O a mm000- Jmoommm0000m gon a °gyp, 9 83gdgm88888g99838 889 0 3 89lN3ggg U z<w � g J 1� J r R U' (• g(J N N 0 NyGGG o N¢ ¢ 000 E H' !VY!/� 8 m NNN U f2 0 N g m Ab Pt d4 RR1 a A RE R z $ g = w ww8 w L E 33 :533 x,35 ¢¢w �. s S a wzpNw iwwwg wyww �. < g<J< �«gg<g« et 1 1g O (8a Vi G p¢ttt ttztt 0 m gy p• S5 N ¢Omow_jw WVi wwwOwwwww d irv$`m8r$ w $ N°�m8iw¢g�ozzz tt1= =z¢ ye0 N. mjt4'>m"8sm< 8 O R1 8.n1;111 NNN PLL a¢¢ zz= 8g9 5 51§A888D08/8 o §1N'R5t r`y fi aOP:aim 3 U 6 eg[ � 1z°z 1113`1 iiIIIIIIIBI W w _ cw = 2 z it < 5 x IP1LIihiI N OircimWF 2 F NN w w wtIJ $gel =tL 8• 8m 00000 $o8`s §d 4S 1 11. � III 00. N 0 r 0m i.mm O'NNywed m0 0 m N _ "NS —254— Attachment 8 Attachment 9 - 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 "B4" 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: ( 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) (5) 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) (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 B-4 -255- - 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) 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: 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 ", "R -113 ", "R -1C" "R -2 ", "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", "R -113 ", "R -IC" "R -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. 02/08 -256- - 49 - ARTICLE 12. "11-1" 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 13-1" 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 further 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) (S) 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 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: 02/08 B -1 -257- - 50 - 12 -5.01 There shall be a side yard not Tess than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "1t-i8 ", "R -1C ", "R -2 ", "A -1 ", "A -1 A ", or "A -2" residential district. 12 -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 ", "R-2 ", "A-1 ", "A-IA ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 -258- B-1 - 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: ( 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 02/08 (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; -259- 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 (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. R of7/06) signs, neon signs and portable signs are prohibited. (Ordinance 024715, 12/18/01) (13) Reserved. (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permittedd in s 1st i 5, i2cl including retail sales accessory to the main use. (Ordinance 24566, 08/28/01) (16) Assisted living facility. (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 11 -4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section th , a, an Buulo s. he ght, a bulk uirements shall be as set forth in the chart Article 24, m addition the he regulation na apply: 11 -5.01 Requirements for floor area per acre shall not apply or sororities where no cooking facilities are provided a Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -260- 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 Mae. 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 bushtess office or store is maintained on the premises. ( 2) Single-&mily 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 Article 26-11. Nonconfonnine Signs 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 -1A —261— - 26 - ( 8) 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 sip 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 (5) 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 —. (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 brealdast 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 23. 02/08 -262- R -IA - 95- 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 high or low buildings 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 "3-5" Primary Business District except for signs as enumerated in Item (2) 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 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed Signs in this district are 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 pemdtted, 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 raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals. Petroleum. Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fimgicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfirmes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone. and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Severest 02/08 1 -2 -263- 02/08 - 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 manufacture 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. Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat -264- 1 -2 - 97- 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) Yarn, threads and cordage Wood and Pacer 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 Unclassified Uses 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 garments, 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 including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (i) All outside storage shall be screened from view from the at -grade public right - of-way; (ii) The outside storage may not be located in the required minimum building setbacks. 02/08 1 -2 -265- - 98- 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 retraading 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 ordimnce 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 promo (Ordinance No. public health and safety. (1) The storage of explosives used for perforating or fracturing (freeing) 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 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off-street Loading Regulations. The off-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: 20401 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-2 ", "A-1 ", "A -1A ", or "A -2" 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 "R -1A ", "R -1B ", "R-2 ", "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 "I -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 -266- 1 -2 - 99- (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 -267- - 87 - ARTICLE 17. "B-5" 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. ( 7) Optical goods manufacture. ( 8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 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 (8) 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 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) ( 9) Accessory buildings and uses. Section 17-3 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 off -street parking is not required. (Ordinance 25390, 07/15/03) Section 17-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. 02/08 -268- 8-5 - 88 - 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 ", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. 17 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -18", "R-1C" "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. 02/08 B-5 -269- City Charter — Article V Attachment 10 ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (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 —270— comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the, proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 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. —271— City of Corpus Christi Building Services Division 2406 Leopard Street, Suite 100 Corpus Christi, TX 78408 -3719 Mr. Mark Rittgers Great State Transmissions Owner 3487, 3513, 3511 SPID Corpus Christi, TX 78415 Attachment 11 October 29, 2008 Re: Rezone Application 1008-01 for 3487, 3513, 3511 SPID (Lexington Plaza Annex A, Blk 2, Lot 9 -13) Site Improvements to address Storm Water and Construction Code Requirements Dear Mr. Rittgers, Thank you for the opportunity to visit with you in our office and at your business location on October 28, 2008. During each visit, we wanted to express our desire to help explain the potential requirements to the above mentioned site if repair and/or detailing of vehicles are preformed outside of the present transmission shop and other buildings on this property. In our visit at your business site, we walked around the property with you and you indicated your desire to use the area next to your present transmission shop to work on large commercial trucks. In addition, you stated the detail shop in the back of the property performs some body repair work, car washing, detailing and body painting. At the other end of the same building that the detailing and body painting/repair shop is located, you have a transmission sales and storage operation. It was also mentioned during our site visit that all of the existing transmissions that are stored in various locations on this property would be moved to the far rear part of the property next to the transmission sales operation, which you felt would clean up the site to comply with other City code enforcement violations. In addition, we observed a storage building near the major bulk of the existing stored old/used transmissions. This building appears to be located on the property easement and has an overhead power line from the main transmission shop building to this storage building. Furthermore, the location of the transmission storage building and the electrical service must be addressed. It is necessary for you to consider moving this building off the utility easement or pursuing a full easement or partial easement vacation. The City of Corpus Christi's Chapter 1 Administrative Code states in Section 14 -215, "Public rights -of -way and utility easements. (1) A permit may not be issued by the Building Official for the construction of any building, or for the alteration of any building where the building is to be changed and the —272— Mr. Mark Ringers October 28, 2008 Page 2 change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placement on any lot or premises of any building or structure removed from another lot or premises when the change encroaches into the public right -of -way or utility easement, unless the applicant has made application at the office of the director of engineering services for the lines of the public street on which he proposes to encroach by building, erecting or locating the building and the director of engineering services has approved the encroachment by the use of an instrument approved by City Council. Therefore, your options for this storage structure are to either move the building out of the designated easement or as indicated in Section 14 -215 to make application to the office of the Director of Engineering Services to encroach the easement or seek an easement vacation. It is the understanding of the Building Services Division you have been and are intending to do transmission and detailing on the current concrete slab outside of the transmission building and detail shop. It is our position and commitment to provide you with the information to help you understand the requirements and possible options you may have to make this site in compliance if you are successful with the rezoning of your business property. Pursuant to the 2003 International Plumbing Code (IPC) Section 1003.4 Oil Separators Required - states, "At repair garages, car washing facilities with engine or undercarriage cleaning capability and at factories where oily and flammable liquid wastes are produced, separators shall be installed into which all oil - bearing, grease- bearing or flammable wastes shall be discharged before emptying in the building drainage system or other point of disposal." In addition, 20031 PC Section 1101.3 states, "Storm water shall not be drained into the sewers intended for sanitary drainage." Additionally, 2003 IPC Section 1104.3 states, "Floor drains shall not be connected to a storm drain." Therefore, if any repair work such as the removal or installation of transmissions and/or car washing in the detailing of cars will be performed outside of the present existing buildings, a roof covering the concrete slab area will need to be installed over any and all areas. Additionally, a curbing would be required to contain any spills and keep out storm water. Each location would also need to have a drain system to the present sand/oil separator if there remains capacity with the existing separator. Attached for your review is a copy of each of the code sections indicated above and a section of the City of Corpus Christi's Storm Water Quality Management Guidance —273— Mr. Mark Ringers October 28, 2008 Page 3 Document. A copy of the Storm Water Quality Management Guidance Document can be found in the City's website. If you feel you would like to propose an alternate method to address the above mention requirements, the City of Corpus Christi provides an opportunity to submit your suggested alternate method to the Plumbing Code Appeals Board. Please provide the Planning Division any additional information that you feel would help your Rezone application. Thank you once again for your cooperation in this matter. Sincerely, Doug Maples Building Official City of Corpus Christi —274— I` RUDCIL 1"ayIIC - Re: r TI L- Vre _CLIC! IIUIII DWIUIII VuIUIdI, .YH)I O Iv, VICat JtalC Attachment 12 From: Peggy Sumner To: Edgar Leonard; Robert Payne Date: 10/30/08 3:11:55 PM Subject: Re: FYI — Draft Letter from Building Official, 3487 SPID, Great State Transmission THe Storm Water Department has records of inspecting the Detail Works company owned by Mr. Rutgers of GreatState Transmissions on Oct. 16, 2003. They were informed that car washing without an oiV grit separator was in violation of city ordinance. Mr. Elliott had assisted in providing a list of potential plumbing service providers and Mr. Rittegers told the inspector he was having a plumber out the following day to work on this issue. Apparently, the inspectordid not follow up to ensure that either 1. the separator was installed or 2. that the car washing had ceased. In any case, the customer is aware of the requirements but has neglected to rectify this problem. Peggy L. Sumner, CHMM, CFM Environmental Services Director P.O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 826-1868 Fax 826 -4578 Office Location Museum of Science and History 1900 N. Chaparral »> Robert Payne 10/29/2008 5:12 PM »> Draft letter attached...pls comment if you don't agree CC: Doug Maples; Faryce Goode - Macon; Joseph Elliott —275— Zoning Report Case No. 1008 -01 (Ringers) Revised Page 14 Attachment 13 - Stormwater Division Email Pram Mai -Them Bernal To Robert Payne Date: 1113/08 4 :41 :13 PM Subject: Great Skate Tranernbsioe fa 3511 SPJD Dear Sob, See drainage generally is from rear to front. Due to the property hantrtg an South Padre Island Duvet any excess drainage wilt need to be reviewed with Jansen Sahout -lee of 7xDOT. Peggy Sumner should of sent any Ei viirt+nnrei+tW cotwarns. If you have any further question, please do n0t *instate t0 colt. Thank Yee, Mal- Theresa ant E.I.T. City of Corpus Christi Slorrro Wale' Env Svc* 2726 Holly Road Corpus Christi, Texas Moe: (381) 1X25 -1993 Fen (361)554.01as Etna MeiBillcdexatcom CC: Edgar Leonard —276— Attacnnlea[ 14 All inforrryation hereon is for th se of the Buyer, Title Company, an ender in cunnection with this transaction only, and may not -ae relied upon for any other purpose. -No license has been created, express or implied, to copy the survey, which is void after six months from this date. Copyright: December 4, 2002. Set 5/6" Steel Rod TWEET STREET 25' RIGHT —OF —WAY N61'30'W 280.00' Set 5/8" Steel Rod I\ -10' BUILDING LINE 10' UTILITY EASEMENT 0 rn of LOT 7 VOLUME 49 PAGE 63 MAP RECORDS N /iii / % ONE STORY. BRICK, AND METAL BUILDING' 0 0 0 0 0 N y 11.3 Found 5 /6" Steel Rod o m w r; a 132.30' S61•00'E Set Drill Hole in Concrete 5.0' LOT 9A 25' BUILDING LINE Set Drill Hole in Concrete 0 of to 0 0 0 0 01 N LOT 9C Found Highway Concrete Monument S61'29'30 "E 5.00' Set 5/8" Steel Rod SAN JACINTO TITLE SERVICES 55729'30 "E 142.95' G. F. NO. 029702811 ACCESS ROAD _ ONE WAY TRAFFIC BORROWER: MARK RITTGERS AND # 3487 NOTE: WIFE CORRINA RI-TIGERS SOUTH PADRE ISLAND DRIVE THIS IS TO CERTIFY THAT I HAVE CONSULTED THE RIGHT —OF —WAY VARIES FOUNLAHE EH _•)77_ D THAT THE PROPERTY DESCRIBED HER ON 000 ClT� © o 1S NOT SITUATED IN A SPECIAL FLOOD HAZARD AREA. Legend Official Zoning Map Mimes. o.wrwmMs- /oo8 —o / -278- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday January 7, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman John C. Tamez Govind Nadkami Johnny R. Martinez Evon J. Kelly David Loeb *James Skrobarczyk ABSENCES: Mark Adame I. CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Miguel Saldana, Special Services Bob Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Debra Brown, Assistant City Attomey Sylvia Sanchez, Recording Secretary A quorum was declared and the meeting was called to order at 5:33 p.m. by Chairman Garza. II. PUBLIC H EARING AGENDA ITEMS B. ZONING 1. Tabled Zoning b. Case No. 1008 =01 Mark Rittgers — 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 from commercial to light industrial Lexington Plaza Annex A, Block 2, Lot 9 -B, located on the south side of South Padre Island Drive between Cosner Street and Carroll Lane. Mr. Payne presented the above case via PowerPoint, stating the applicant is Mark Rittgers. Mr. Payne stated that the case has been tabled several times since October 2009. In October the applicant requested that a change of zoning from a "B-4" General Business District to an "I -2" Light Industrial District in order to augment his auto repair services with "auto repair, heavy" uses defined in the Zoning Ordinance and to construct a billboard. At the public hearing in October, the applicant withdrew his intention to construct a billboard but stated that it was critical that Great State be allowed the heavy —279— Planning Commission Minutes January 7, 2009 Page 2 auto repair use. After staff recommended denial at the "I -2" District, the Planning Commission recommended that staff would go back and try to formulate a special permit that would work for staff and the applicant. The subject property is located at 3487, 3513, and 3511 South Padre Island Drive. There are 5 signs on the property; some of them are not in use and the applicant has agreed to remove 3 of them. Mr. Payne presented pictures of the property and surrounding properties. The future land use plan calls for commercial along SPID. There are residential lots behind the applicant's property. Staff met with applicant several times and visited the site. Mr. Payne stated that staff is recommending denial of the "I -2" Light Industrial District and in -lieu- thereof approval of a Special Permit subject to a site plan and with the following 15 conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the `B -4" Business District is a "auto repair, heavy" as defined in the Zoning Ordinance but excluding impound yards for wrecked vehicles. 2. Repairs inside a Building: No outdoor auto repair. 3. Building Expansion: The property owner will expand the existing building, per the site plan, to allow space for repair of a total of four heavy vehicles (dump trucks, buses, etc.) inside a building. 4. Easement: Remove any existing buildings out of a public easement or apply for a full or partial easement vacation. 5. Outdoor Storage: No outdoor storage of any type of materials. 6. Storm drainage: Excess storm drainage from the site must drain on to South Padre Island Drive must be approved by TxDOT. Storm drainage shall not include effluent from vehicle repair operations. (See Attachments 12 and 13) 7. Existing Buildings / Environmental Quality: Existing buildings shall comply with environmental quality requirements, including oil separator requirements. See International Building Code requirement: 1003.4 Oil Separators Required which requires 6 cubic feet of capacity for the first 100 square feet of repair area and one cubic foot of additional capacity for each additional 100 square feet; International Plumbing Code: Chapter 11 Storm Drainage. 8. Propose Building Expansion / Environmental Quality: The building expansion shall require an oil separator of sufficient size to handle the volume of effluent from the auto repair operations in accordance with the City's Building Code. The existing oil separator may be used for the building expansion if the separator is consistent with design requirements of the Building Code otherwise an additional oil separator will need to be installed per the Building Official and the Environmental Quality Department. See International Building Code requirement and International Plumbing Code requirements in Condition 7. 9. Hours of Operation: Business hours are limited to between 7:30 AM and 7:30 PM for auto repair, heavy uses. 10. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be located: —280— Planning Commission Minutes January 7, 2009 Page 3 a) Parallel to the south boundary line of the property per the site plan extending from the rear wall of the existing building east and west to the property line. b) Along the east property line in the rear half of the property as illustrated on the site plan. c) The screening fences must be installed within one (1) year of the date of this ordinance. 11. Landscaping: Compliance with new construction requirements in Article 27B. Landscape requirements pertaining to the existing street yard area to comply as if all existing structures are new construction. 12. Buffer Yard: A 25 foot rear buffer yard will be maintained by the owner. The buffer area will remain free of any structures, storage materials or dumpsters. 13. Signage: The property owner will remove three (3) of the five (5) free standing pole signs in the front yard as indicated on the site plan. 14. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No Lighting is permitted to project beyond the rear property line. 15. Time Limit: This Special Permit for conditions 2,5,6,7,9,10,11,12, 13 and 14 expires in six (6) months from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all specified conditions except conditions three (3), four (4) and eight (8) which shall comply within two (2) years. Mr. Payne reported that the applicant currently has a building that allows for two heavy vehicles or a combination of one heavy vehicle and two cars. All the recommendations are for one year period except for recommendation, for two years on the building expansion. One of the issues with the applicant during the discussions was that one year is not enough time to complete the building. At that time staff notified applicant, that two years would be the recommendation. The applicant does not have a problem with the hours of operation. The applicant has an oil separator; the issues might be that it might not have the capacity when he expands his buildings and if it works properly for all the buildings in the property. Staff and applicant are in an agreement with the signage and lighting. Council has the option to recommend a longer period on item 15. At the time of the report there were 21 notices sent out and there was no opposition. Commissioner Skrobarczyk inquired if the 25' buffer that the applicant needs is included in the 15' section and another 10' section shown in the site plan towards the back of the property and if there was another easement behind. Mr. Skrobarczyk added that if the property immediately towards the east is a PSP (Public Semi - Public) current usage. Mr. Payne affirmed that is the 25' buffer applicant needs and that the other easement behind is an un -built portion of Twig Street. Mr. Payne added that he believes that the property towards the east is a church and will verify and report back to commissioners. Mr. Payne stated that one of the big issues was the outdoor storage of the transmissions and that during discussions it was express by the applicant that it would not —281— Planning Commission Minutes January 7, 2009 Page 4 be feasible to enlarge the storage. Commissioner Martinez inquired if the applicant had a canopy on top would it be considered out door storage. Mr. Payne stated that it would still be considered. Jay Reining stated that all references to International Building Code and Plumbing Code need to be included with the Corpus Christi Building or Plumbing Codes so it will agree to the local amendments. These codes would need to be considered for items 7 and 8, especially on oily water separators, the city has extensive local rules to meet the wastewater requirements. Public hearing was opened. Joe Garcia, Business Owner at 4626 Weber Rd Suite 11, came forward and stated he is representing the owner, and that they do not have any issues with most of the conditions that are presented by city staff. Mr. Rittgers' main issue is being allowed to repair heavy vehicles outside and have open storage of rebuilt transmissions. Mr. Rittgers has stored the transmissions outdoors in various areas of the property since 2000. The transmissions were moved to the rear left comer when asked by city staff and Mr. Rittgers currently working on installing screening fencings. The open storage is critical to the business; the transmissions are completely drained before being stored in the open storage. City staff has preformed on -site inspections and have not found any leakage on the open storage transmissions. The repair work that is performed in vehicles is done in the building located toward the rear. Mr. Garcia added that Mr. Rittgers has a lift that is used on heavy equipment and in 2003 the owner was awarded a contract with the city to work on city vehicles. Approximately 2 months ago the City canceled the contract and he feels is due to the pending zoning case. Mr. Rittgers is willing to construct a building within a two year time frame. It is critical that the owner be allowed to continue operating the outside Lift with the current work, while he completes and abides by all the conditions city staff has requested. If the capacity on the oil separator is not sufficient, Mr. Rittgers is willing to install another oil separator once the new building is completed. Chairman Garza asked Mr. Garcia to identify which conditions will create an undo hardship. Mr. Garcia stated that the critical items are items 2, to allow outdoor repair for two years before a new building is constructed and item 5, outdoor storage. Commissioner Nadkarni asked staff if the outdoor storage was a code violation. Mr. Payne stated that an outdoor storage is not allowed in a `B -4" zoning, which the current business is in. Bob Nix, Assistant City Manager, stated that in a "B -4" under general business district regulations it states that sales and repair of variety of things, including tires, auto parts sales and services is permitted within a enclosed building. Mr. Nix added that accessory buildings and uses are permitted but outside storage is not permitted in `B -4" zoning district. Commissioner Nadkarni inquired to Mr. Garcia, when was the owner asked to move the outdoor storage to the back comer and inquired if it was a violation why was the move requested. Mr. Payne replied that staff never agreed with the owner to have an open storage and clarified that during discussions staff stated to the owner a request for an open storage in the least visible area can be submitted in a Special Use Permit but that the permit required approval. Mr. Garcia stated that Mr. Payne is —282— Planning Commission Minutes January 7, 2009 Page 5 correct but he understood that by moving it the Special Use Permit could possibly be approved with that condition. Commissioner Loeb asked staff if `B -4" does not allow outdoor storage why would it be address in a Special Permit. Mr. Payne stated that it would require to be addressed to give Mr. Rittgers the opportunity to continue the existing outdoor storage use. Commissioner Loeb asked if staff and the applicant under the same agreement that the applicant will continued to be allowed to have outdoor repair on that lift until owner gets the building completed; once the building is completed the outdoor repair will not be allowed. Mr. Payne stated that under the conditions of the special permit outdoor repair would have to stop immediately. Mr. Payne added that the Special Use Permit only allows repairs in a building. Mr. Garcia stated that Mr. Rittgers is requesting the Special Use Permit allow outdoor repairs until the building is completed within the 2 years time as stated in item 15. Vice Chairman Huerta asked to what would happen if Mr. Rittgers sold the building; the new owners could possibly continue to be non - compliant. Commissioner Skrobarczyk asked for a clarification from staff on when a Special Permit is granted was is the limitation on restriction and will there be any legal issues on the limited of time that the owner would be non - compliant. Chairman Garza replied that as many conditions can be placed and that there are no limitations. Mr. Reining stated that the Commissioners are able to grant land use, the Special Permit approval is granting him repair use in the large building. Mr. Reining added that commissioners can also grant the owner outside repair. Commissioner Loeb ask if applicant could go to the Board of Adjustment for a Special Use Permit to request for outside repair for one year. Mr. Reining stated that he would need to verify and report back to the commissioners. Mark Rittgers, Property and Business Owner, came forward and presented pictures of the property taken from the freeway that showed the outside storage is not visible from the roadway. Mr. Rittgers presented pictures of the outside storage and emphasized that transmissions are stored on shelves, never on the ground and they always have cap plugs in all the ports. Pictures demonstrated the ground cleaned, no leakage and all the ends were sealed. In order to meet the city's requirements it will cost over $100,000 and he is willing to comply except for the limitations on outside storage and temporary outdoor repairs until the new building is constructed within two years. With the economic situation today, the business must be able to operate Mr. Rittgers asked his staff to stand (approximately 23 people that stood); the constraints that the city wants to do will not only affect the owner, it will also affect all the employees and their families. Letters of recommendation from the surrounding business owners and residential neighbors were distributed to the commissioners and staff. The letters stated that they have not had any problems with the operation of business at any time. Chairman Garza stated that the effect that there are no oppositions to the special permit or the zoning request speaks volumes. The business has been a good neighbor and has made a presentation and requested some relief so he could be compliant. It seems that city staff is asking him to jump over huge hurdles in order to comply. The reason for the regulations on the outdoor storage is to keep areas from being unsightly; usually the -283- Planning Commission Minutes January 7, 2009 Page 6 screening takes care of the issues. In this business the back area is not visible from the freeway. The city is asking him to do something that will not affect anyone and will place a burden to the owner. Mr. Payne stated that staff is trying to be as sensitive as possible, but there are others cases that have outdoor storage that are non - compliant and staff has to enforce the zoning regulations equally. Mr. Payne added that the positives of this case are that there are 15 conditions and there are only 2 remaining issues. It is very impressive for this kind of business not to have the neighborhood complaining. Commissioner Martinez stated that he agrees with Chairman Garza and that he was ready to grant him the special permit during the last time the case was presented. Commissioner Martinez also agreed that the applicant has committed to significant improvements. Vice Chairman Huerta asked the applicant if the outdoor repair would be discontinued once the new building is completed. Mr. Rittgers agreed that the outdoor repairs would be terminated after the building is constructed. Commissioner Martinez and Chairman Garza asked for legal opinion if there could be a possibility of allowing the outdoor repair until the new building is complete. Mr. Reining stated that it will not be possible because it would down zone the property. Mr. Nix stated that currently in the `B -4" district regulations heavy or major automotive repair is provided if all the work is performed inside the building. Mr. Nix inquired if a Special Permit is granted would it be done in a way that is consistent with the impositions we placed on all the other property owners in that zoning district and are we going to do something to screen this activity from view or limit its hours of operations because of the noise due to the residential houses behind this business. It can also have some other conditions can be placed so that it can be carried out in a matter that it is consistent with the intent of the districts regulations. Mr. Nix stated that staff would need to discuss the vehicle lift on its use as to how is it protected from view and how is the noise controlled. Commissioner Loeb inquired if the new building would be where the current lift is. Mr. Rittgers stated the statement is correct and he does not have a problem if staff wants to place a condition that this is the only allowable outdoor repair area where work can be performed until the new building is completed. Mr. Reining stated that the condition can be worded in that matter if outside repair would be allowed for a certain time frame. Commissioner Tamez asked Mr. Rittgers if he has looked into the cost of the outdoor storage. Mr. Rittgers replied that he has purchased all the shelving and all he has to do is finish erecting it and move everything to the corridor where it will be placed. The new building, the additional water oil sand traps, fencing, landscaping and the signage are estimated to cost at least $100,000. Commissioner Nadkarni stated that just because a business has been operating in a non - confirming matter for years does not mean that it should be allowed to continue. —284— Planning Commission Minutes January 7, 2009 Page 7 Mrs. Rittgers, Property and Business Co- Owner, came forward and thanked the commissioners for giving to her and her husband an opportunity to speak. Mrs. Rittgers added they were not aware they were not compliant, and reiterate what her husband stated earlier that if they are not allowed to continue to work on heavy machinery that the business will not been able to stay in business. Public hearing was closed. Commissioner Loeb made a motion and Second by Commissioner Skrobarczyk for denial of the "I -2" and in lieu thereof, approval of the Special Permit to allow the outdoor work to temporarily continue at as the new building site on the site plan (attachment 14) and with the second condition on the outdoor storage will only be permitted on the designated areas of the site plan (attachment 14) and should be properly screened as specified in condition 10. Motion passed unanimously with Commissioner Adame being absent. —285— 12-e-00 "' 'Page 1 of 5 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARK RITTGERS, BY CHANGING THE ZONING MAP IN REFERENCE TO LEXINGTON PLAZA ANNEX A, BLOCK 2, LOT 9 -B, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B -4 /SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW APPLICANT TO AUGMENT THE EXISTING AUTO REPAIR SERVICE TO INCLUDE WORK ON COMMERCIAL TRUCKS, SUBJECT TO A SITE PLAN AND FIFTEEN (15) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Mark Rittgers, 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, October 1, 2008 and Wednesday, January 7, 2009, during a meeting of the Planning Commission, and on Tuesday, February meeting e l Council, in the Council Chambers, at City Hall, he City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lexington Plaza Annex A, Block 2, Lot 9 -B, located on the south side of South Padre island Drive between Cosner Street and Carroll Lane, from "B -4" General Business District to "B-4/SP" General Business District with a Special Permit to allow Applicant to augment the existing auto repair service to include work on commercial trucks, subject to a site plan, attached, and fifteen (15) conditions. (Zoning Map 046037) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following fifteen (15) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B -4" Business District is a "auto repair, heavy" as defined in the Zoning Ordinance, but excluding impound•yards for wrecked vehicles. —286- ._ ._.___ ___.__ ,nna ni_aatnnr.- a- dsnecial permit- PlanComm.doc Page 2of5 2. Repairs inside a Building: Outdoor auto repair may continue temporarily for up to two years in the area designated for the future building per the site plan. 3. Building Expansion: The property owner shall expand the existing building, per the site plan, to allow space for repair of a total of four heavy vehicles (dump trucks, buses, etc.) inside a building. 4. Easement: Remove any existing buildings out of a public easement or apply for a full or partial easement vacation. 5. Outdoor Storage: No new outdoor storage of any type of materials, except for existing areas designated for open storage on the site plan. 6. Storm drainage: Excess storm drainage from the site that drains on to South Padre Island Drive must be approved by TxDOT. Storm drainage may not include effluent from vehicle repair operations. 7. Existing Buildings /Environmental Quality: Existing buildings must comply with environmental quality requirements, including oil separator requirements. See Corpus Christi Plumbing Code requirement: §1003.4 Oil Separators Required that requires 6 cubic feet of capacity for the first 100 square feet of repair area and one cubic foot of additional capacity for each additional 100 square feet; Corpus Christi Plumbing Code: Chapter 11 Storm Drainage. 8. Propose Building Expansion /Environmental Quality: The building expansion must include an oil separator of sufficient size to handle the volume of effluent from the auto repair operations under the City's Plumbing Code. The existing oil separator may be used for the building expansion if the separator is consistent with design requirements of the Corpus Christi Plumbing Code, otherwise an additional oil separator must be installed per the Corpus Christi Building Official and the Environmental Quality Department. See Corpus Christi Plumbing Code requirements in Condition 7. 9. Hours of Operation: Business hours are limited to between 7:30 AM and 7:30 PM for auto repair, heavy uses. 10. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet must be located: a. Parallel to the south boundary line of the property per the site plan extending from the rear wall of the existing building east and west to the property line. b. Along the east property line in the rear half of the property as illustrated on the site plan. c. The screening fences must be installed within one (1) year of the date of this ordinance. —287 - H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\2- 17\ORD- zoning - 1008 -01- Rittgers- B- 4special permit - PlanComm.doc Page3of5 11. Landscaping: Compliance with new construction requirements in Article 27B. Landscape requirements pertaining to the existing street yard area to comply as if all existing structures are new construction. 12. Buffer Yard: A 25 foot rear buffer yard must be maintained by the owner. The buffer area must remain free of any structures, storage materials, or dumpsters. 13. Signage: The property owner shall remove three (3) of the five (5) free standing pole signs in the front yard as indicated on the site plan. 14. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 15. Time Limit: This Special Permit for conditions 2, 5, 6, 7, 9, 10, 11, 12, 13, and 14 expires in six (6) months from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all specified conditions, except conditions three (3), four (4), and eight (8), which must be complied with within two (2) years. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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 by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 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 of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two —288 - .,,...� .._-- .,.'V_17vfRo- zoning- 1008- 01- Rittgers- B- 4special permit- PlanComm.doc Page 4 of 5 regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 17th day of February, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary APPROVED: February 9, 2009 orah Walther Bro Assistant City Attorney For City Attorney Mayor, City of Corpus Christi —289 - H:\LEG -DIR \ Shared \LEGAL- DEV.SVCS12009 Agenda\2- 171ORD- zoning - 1008 -01- Rittgers- B- 4special permit- PlanComm.doc Page 5of5 Corpus Christi, Texas day of , 2009 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. I /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 Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon w.0 cn. \ niR\Gnarnd\ LEGAL- DEV.SVCS\2009 Agenda2- 17\QnD- zoning - 1008- 01•Rittgers- B- 4special permit- PlanComm.doc -291- CASE # 1008 -01 Planning Commission Recommendation From: "B-4" To: "SP" with Fifteen Conditions Ordinance: -I Z- Sih-F E Page 1 of 5 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARK RITTGERS, BY CHANGING THE ZONING MAP IN REFERENCE TO LEXINGTON PLAZA ANNEX A, BLOCK 2, LOT 9 -B, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B -4 /SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW APPLICANT TO AUGMENT THE EXISTING AUTO REPAIR SERVICE TO INCLUDE WORK ON COMMERCIAL TRUCKS, SUBJECT TO A SITE PLAN AND FIFTEEN (15) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Mark Rittgers, 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, October 1, 2008, and Wednesday, January 7, 2009, during a meeting of the Planning Commission, and on Tuesday, February 17, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lexington Plaza Annex A, Block 2, Lot 9 -B, located on the south side of South Padre island Drive between Cosner Street and Carroll Lane, from "B -4" General Business District to "B -4 /SP" General Business District with a Special Permit to allow Applicant to augment the existing auto repair service to include work on commercial trucks, subject to a site plan, attached, and fifteen (15) conditions. (Zoning Map 046037) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following fifteen (15) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" Business District is a "auto repair, heavy" as defined in the Zoning Ordinance but excluding impound yards for wrecked vehicles. H:\LE G -DI R \Shared \LEGAL -DE V. S VCS\2009 Agenda\2- 17\OR9 -tbn ing- 10013-01- Rittgers- S- 4special perm it -Staff. doc Page 2 of 5 2. Repairs inside a Building: No outdoor auto repair. 3. Building Expansion: The property owner shall expand the existing building, per the site plan, to allow space for repair of a total of four heavy vehicles (dump trucks, buses, etc.) inside a building. 4. Easement: Remove any existing buildings out of a public easement or apply for a full or partial easement vacation. 5. Outdoor Storage: No outdoor storage of any type of materials. 6. Storm drainage: Excess storm drainage from the site must drain on to South Padre Island Drive must be approved by TxDOT. Storm drainage may not include effluent from vehicle repair operations. 7. Existing Buildings /Environmental Quality: Existing buildings shall comply with environmental quality requirements, including oil separator requirements. See Corpus Christi Plumbing Code requirement: §1003.4 Oil Separators Required that requires 6 cubic feet of capacity for the first 100 square feet of repair area and one cubic foot of additional capacity for each additional 100 square feet; Corpus Christi Plumbing Code: Chapter 11 Storm Drainage. 8. Propose Building Expansion /Environmental Quality: The building expansion must include an oil separator of sufficient size to handle the volume of effluent from the auto repair operations under the City's Plumbing Code. The existing oil separator may be used for the building expansion if the separator is consistent with design requirements of the Corpus Christi Plumbing Code otherwise an additional oil separator will need to be installed per the Corpus Christi Building Official and the Environmental Quality Department. See Corpus Christi Plumbing Code requirements in Condition 7. 9. Hours of Operation: Business hours are limited to between 7:30 AM and 7:30 PM for auto repair, heavy uses. 10. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet must be located: a. Parallel to the south boundary line of the property per the site plan extending from the rear wall of the existing building east and west to the property line. b. Along the east property line in the rear half of the property as illustrated on the site plan. c. The screening fences must be installed within one (1) year of the date of this ordinance. 11. Landscaping: Compliance with new construction requirements in Article 27B. Landscape requirements pertaining to the existing street yard area to comply as if all existing structures are new construction. H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda\247Z21.426ning- 1008- 01- Rittgers- B- 4special permit - Staff.doc Page 3 of 5 12. Buffer Yard: A 25 foot rear buffer yard must be maintained by the owner. The buffer area will remain free of any structures, storage materials or dumpsters. 13. Signage: The property owner shall remove three (3) of the five (5) free standing pole signs in the front yard as indicated on the site plan. 14. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 15. Time Limit: This Special Permit for conditions 2, 5, 6, 7, 9, 10, 11, 12, 13, and 14 expires in six (6) months from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all specified conditions, except conditions three (3), four (4), and eight (8), which must be complied with within two (2) years. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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 by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 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 of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 17th day of February, 2009. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\2- 1711218501ing- 1008- 01- Rittgers- B- 4special permit- Staff.doc Page 4 of 5 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi City Secretary APPROVED: February 9, 2009 92✓�� eborah Walther Br Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\2- T7to+c9- zoning- 1008- 01- Rittgers- 8- 4special permit- Staf.doc Page 5 of 5 Corpus Christi, Texas day of , 2009 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. I /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 Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\2 -17 \O loving- 1008- 01- Rittgers- B- 4special permit- Staff.doc ?P'. sMK 1 EXi In '._ Mfrw1i • 'K pt. \ 75.11)1: F?! C rFb{Z 1i• Pi-- 1 ( 4 01%; F: -J _ -298- To: "SP" with Fifteen Conditions A 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 17, 2009 AGENDA ITEM: a.) Public hearing to consider amending Section 33- 1.02.06 (b) (1), Corpus Christi Zoning Ordinance to allow non - illuminated sandwich board signs or A -Frame Signs on the sidewalks of zero -lot line building in the Six Points area. b.) Ordinance amending Section 33- 1.02.06 (b) (1), Corpus Christi Zoning Ordinance to allow non - illuminated sandwich board signs or A -Frame Signs on the sidewalks of zero -lot line building in the Six Points area; amending conflicting provisions of the city's comprehensive plan; repealing conflicting ordinances; providing for severance; providing for penalties; and providing for publication. ISSUE: In July 2008, the City of Corpus Christi received requests from Six Points Neighborhood Association and proprietors to allow the placement of A -Frame signs in the public right -of -way areas to provide opportunities for store -front advertisement. The conditions in the Six Points area are unique in the City of Corpus Christi, in that many of the buildings are constructed to the lot line, leaving no setback from the public right -of -way. This unique condition in the Six Points area makes store -front advertising difficult for the area proprietors within the identified boundary area (see boundary map attached). Currently, the City's Code of Ordinance Chapter 59 "Zoning," Article 33 "Supplemental Sign Regulations, Section 33- 1.02.06 "Exempt Signs" regulates the placement of any "obstruction" in the public right -of -way without authorized exemption. To address this unique Six Points issue, city staff members from Neighborhood Services, Development Services, Traffic Engineering, and Legal Departments reviewed the relative current ordinance and developed an "Exempt Signs" provision to the Zoning Ordinance to provide an exemption from regulations for certain A -Frame Signs in the designated Six Points area. The exemption also maintains the public accessibility requirements as regulated by the Americans with Disabilities Act. This exemption is similar to that of the exemption provided for the Corpus Christi Downtown area in May 2007. The drafted sign exemption was presented to a group of members from the Six Points Neighborhood Association for their review and feedback at a public meeting with City staff representatives from Neighborhood Services, Legal, Engineering Services, and Development Services. The Association members in attendance gave their general support for this proposed amendment. The members also agreed that this exemption would provide an opportunity for promotion of their new and existing businesses in this unique area. The resulting recommended "Exempt Sign" provision provides for the use of non - illuminated sandwich board signs or A -Frame signs at appropriate locations and under appropriate conditions which reasonably accommodates the needs for proprietors to advertise. -303- Other zoning and code regulation issues in the Six Points area will continue to be examined by City staff. City staff will also continue to provide information and direction to the Six Points Neighborhood Association regarding various codes and zoning issues that may pose challenges in relation to store- front promotional displays and other forms of advertisement. REQUESTED CITY COUNCIL ACTION: Approval of Planning Commission and staff recommendation of proposed amendment of Chapter 59, Section 33- 1.02.06 "Exempt Signs" of the Code of Ordinances, City of Corpus Christi to provide exemption from regulation for certain A -Frame Signs in the Six Points area. PLANNING COMMISSION RECOMMENDATION (02/04109): Approval of city staff's recommendation. STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments to provide an exemption from regulation for certain A -Frame Signs in the Six Points area. Respectfully Submitted by: e Morales HaagU 'ryce Go 4•e -Macon or Assistant ' rector ghborhood Services Department Development Services /Planning Attachments: 1) Planning Commission Minutes (02/04/09) 2) Street Map Exhibit 3) Ordinance —304— Exempt Signs Six Points Proposed Zoning Text Amendment City Council Meeting February 17, 2009 Exempt Signs Six Points Proposed: REVISING SECTION 33- 1.02.06(b)(1), CORPUS CHRISTI ZONING ORDINANCE TO ALLOW NON - ILLUMINATED SANDWICH BOARD SIGNS OR A- FRAME SIGNS ON THE SIDEWALKS OF ZERO - LOT LINE BUILDINGS IN THE SIX POINTS AREA -305- 1 Exempt Signs Six Points PURPOSE: To provide an exemption from regulation for certain A -Frame Signs for qualifying merchants in the designated Six Points area to provide opportunities for store -front advertisement. Similar to the Downtown Sign Exemption. Exempt Signs Six Points Designated Six Points Area: (Start) Booty Street and South Staples Street, (west) to intersection of McKenzie Street and Brownlee Boulevard, (south) to the intersection of Brownlee Boulevard and South Staples Street at Cole Street, to the intersection of South Staples Street and Clifford Street, then (east) to the corner at the intersection of Clifford Street and South Alameda Street, then to the intersection of South Alameda Street and South Staples Street, then (north) and back to South Staples Street and Booty Street. -306- 2 -307 - 3 Exempt Signs Six Points Sign Type: It Non - Illuminated sandwich board Signs, or A -Frame Signs a Four (4) Feet Tall & Two (2) Feet Wide -308- 4 Exempt Signs Six Points -309- 5 Exempt Signs Six Points Sign Placement: ■ One (1) Sign per Building, per Street Front for Businesses occupying a zero -lot line building ® Multi- tenant buildings are allowed one sign per tenant E Display during business hours; between 6 a.m. - 2 a.m. Exempt Signs Six Points Sign Placement: ■ Two and one -half feet, at its most distant point; ■ From the building's wall - leaving a minimum free and clear passage on the sidewalk of at least sixty inches, or; is Street Curb - placed two and one -half feet, from the back of the street curb leaving a minimum free and clear passage on the sidewalk of at least sixty inches -310- 6 -312- 8 Exempt Signs Six Points Public / Government Cooperation for Proposed Amendment: A Planning Commission Approval: February 4, 2009 • City Departments: Neighborhood Services/ Code Enforcement; Development Services; Traffic Engineering; and Legal Departments aE Six Points Neighborhood Association Exempt Signs Six Points Conclusion: : The proposed sign exemption will provide one opportunity for store -front advertisement to promote new and existing businesses. : City staff will continue to advise and provide directions regarding options for other types of store -front promotional displays. m Code Enforcement will continue to advise and educate merchants regarding zoning and code requirements on other types of signage, care of premise, etc. -313- 9 Exempt Signs Six Points City Staff Recommendation: To approve the proposed amendment as presented to provide an exemption from regulation for certain A -Frame Signs in the Six Points area. Exempt Signs Six Points QUESTIONS? -314- 10 Page 1 of 5 AN ORDINANCE REVISING SECTION 33- 1.02.06(b)(1), CORPUS CHRISTI ZONING ORDINANCE TO ALLOW NON - ILLUMINATED SANDWICH BOARD SIGNS OR A -FRAME SIGNS ON THE SIDEWALKS OF ZERO -LOT LINE BUILDINGS IN THE SIX POINTS AREA; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERENCE; PROVIDING 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 Corpus Christi Zoning Ordinance; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 4, 2009, during a meeting of the Planning Commission, and on Tuesday, February 17, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 33- 1.02.06(b)(1), Corpus Christi Zoning Ordinance, is revised to read as follows: "33- 1.02.06 Exempt Signs — • * * * t "(b) Non - illuminated sandwich board signs or A -frame signs conditioned as follows: "(1) Located in one of the following areas: "(A) The area bounded by Shoreline Drive, Park Street, Tancahua Street, Highway 181, Mesquite Street and Fitzgerald Street. "(B) The area bounded by a line drawn along the northern edge of the Booty Street right -of -way between the northeastern corner at the intersection of Booty Street and South Staples Street and the northeastern corner at the intersection of Booty Street and South Alameda Street, 6 Point A Frame Signs — 01142009.doc —315— Page 2 of 5 thence along the northern edge of the McKenzie Street right- of -way to the northwestern corner at the intersection of Brownlee Boulevard and McKenzie Street, thence along the western edge of the Brownlee Boulevard right-of-way to the southwestern corner at the intersection of Brownlee Boulevard and South Staples Street at Cole Street, thence along the eastern edge of the South Staples Street right-of- way to the southeastern corner at the intersection of South Staples Street and Clifford Street, thence along the southern edge of the Clifford Street right -of -way to the corner at the intersection of Clifford Street and South Alameda Street, thence along the eastern edge of the South Alameda Street right-of-way to the eastern corner at the intersection of South Alameda Street and South Staples Street, thence along the eastern edge of the South Street Street right-of-way to the beginning corner. Exhibit 33 -1 is a map of the boundary of the 6 Points A -Frame Sign Area. SECTION 2. Article 33, Corpus Christi Zoning Ordinance is amended by adding Exhibit 33 -1 to read as follows: 6 Point A Frame Signs — 01142009.doc —316— Page 3 of 5 MKIT'' SUBIECT: 6 POINTS A-fRARE SIGH BOUNDARIES - SITE PLAN - 7F�Rc Enpinuriig Dk. Englatintig 5trrltes WC SECTION 3. That the Corpus Christi Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from 6 Point A Frame Signs — 01142009.doc —317— Page 4 of 5 time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Corpus Christi Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this ordinance. SECTION 5. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 8. 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. 6 Point A Frame Signs -- 01142009.doc —318— Page 5 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED: day of January, 2009: R. Jay Reining First Assistant City Attorney For City Attorney 6 Point A Frame Signs — 01142009.doc —319— 12 RESOLUTION SUPPORTING THE FURTHER DEVELOPMENT OF THE UNIVERSAL FREIGHT SHUTTLE CONCEPT AND WELCOMING THE INCLUSION OF THE CITY OF CORPUS CHRISTI AS A LINK TO THE SYSTEM WHEREAS, the Texas Department of Transportation has published a request for information for concepts for new low carbon emitting freight transportation facilities; and WHEREAS, the Corpus Christi City Council supports development of transportation infrastructure that will increase employment opportunities in South Texas; and WHEREAS, a region's ability to efficiently and cleanly move freight improves that regions desirability for the location of manufacturing and distribution facilities; and WHEREAS, the Corpus Christi City Council has seen a presentation on the Universal Freight Shuttle being developed jointly by the Texas Transportation Institute and Freight Shuttles Partners, LLC; and WHEREAS, the Port of Corpus Christi has entered into a lease agreement with the Freight Shuttles Partners, LLC for land on which to build the prototype; and WHEREAS, the Universal Freight Shuttle would reduce the volume of truck traffic and provide a faster, cleaner method of moving freight in South Texas; and WHEREAS, the Universal Freight Shuttle could be built in the existing rights of way of US -59, US -77, US -44, US -281, and US -181 supporting both the 1 -69 project and the Guff Coast Strategic Highway project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi supports the further development of the Universal Freight Shuttle concept. SECTION 2. That the City of Corpus Christi welcomes the location of the Universal Freight Shuttle in South Texas linking Corpus Christi and the Port of Corpus Christi to the Lower Rio Grande Valley, the inland port of Laredo, Fort Hood, the Dallas Fort Worth Metroplex, and the City of Houston. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary —323— 1 of 3 Henry Garrett Mayor APPROVED as to form: February 11, 2009 Mary K. f Fischer City Attorney -324- 9 of 1 Corpus Christi, Texas of , 2009. The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael McCutchon —3320-3 13 CITY COUNCILCOUNCIL PRESENTATION AGENDA ITEM: Automated Meter Reading (AMR) Initiative Project- Expansion Update - Year 4 of 5 STAFF PRESENTER Name 1. Michael Barrera Title /Position Department OUTSIDE PRESENTERS Name Assistant Director of Financial Services Title /Position Finance Organization 1. Christopher Minton Vice President 2. Donald Abrew Senior Consultant RAM Technologies, Inc RAM Technologies, Inc ISSUE: The presentation is to provide the City Council with an update to the Automated Meter Reading (AMR) Initiative. The presentation will include some background on the project, give an update on the progress of completion, summarize the various costs associated with the project and cover the Return of Investment of the project. REQUIRED COUNCIL ACTION : NONE —329— Mich'. e Barrera ,. Assistant Director of Financial Services City of Corpus Christi Automated Meter Reading (AMR) Initiative Project Expansion Update - Year 4 of 5 Presented by: Mr. Michael Barrera, Assistant Director of Finance, City of Corpus Christi, TX Project Consultants Mr. Christopher Minton, Vice President RAM Technologies, Inc. Mr. Donald Abrew, Senior Consultant RAM Technologies, Inc. Presentation Contents • AMR Vision • AMR History • AMR System Overview • Accomplishments • Project Update • Project Budget Review • Return On Investment —330— 1 AMR Vision Implement a single Automated Meter Reading solution for water and gas meters that will: • Reduce meter reading costs; • Provide more accurate and timely meter information; • Enhance customer service capabilities with real -time data; • Remove meter reading personnel from potentially harmful and costly situations AMR History • August 2004 • Pilot phase of project approved by Council — results from pilot are positive • August2005 • Year 1 of expansion phase approved by Council • July 2006 • Years 2 through 5 of expansion phase approved by Council • October 2007 • Year 3 Project Update presented to Council -331- 2 AMR System Overview AMR System Overview Meter Transmission Units (MTU's) • MTU's are connected to the water or gas meters and capture actual meter readings • MTU's transmit readings to DCU's two (2) times per day using a private radio frequency • MTU's may be connected to one or two utility meters (any combination of water and 1 or gas) -332- 3 AMR System Overview Data Collection Units (DCU's) • DCU's captures meter reading transmissions from MTU's attached to residential and commercial meters • DCU's have a Wi -Fi interface to transmit readings to City's central billing computer two (2) times per day using the City's Wi -Fi (Tropos Units) • DCU Redundancy will be maintained for all utility meters • 100 DCU's will provide coverage and redundancy for all City utility meters AMR System Overview Aclara / Hexagram Star System • Star System maintains all meter reading and utilization data in a relational database • Data is exported from Star and imported into the HTE System for billing purposes • Meter readings / utilization data provide detailed information available to Customer Service Reps. • A litany of predefined and custom reports are readily available online to support Meter Reading, Billing and Customer Service • Star is a Web based Intranet application -333- 4 Accomplishments • 86,000 of 147,554 meters have been converted to date • Personnel required to read meters has been reduced by 30% Annual savings of $262,245 AMR — Project Update Actual /Planned AMR Meter Conversions over all expansion years Actual Actual Actual Planned Planned Units Year 1 Year 2 Year 3 Year 4 Year 5 • Water Meters 7,859 15,440 17,204 22,725 22,725 • Gas Meters 7 154 15 041 11,917 13,744 13 745 Total by year 15,013 30,481 29,121 36,469 36,470 Aggregated Total • Water Meters • Gas Meters 7,859 23,299 40,503 63,228 85,953 7,154 22,195 34,112 47,856 61,601 15,013 45,494 74,615 111,084 147,554 (•J Numbers shown Include pilot totals in Year 1 -334- 5 Meter Infrastructure • Contract is a unit price contract. All work required to convert meters is built into pricing. Each meter location is reviewed and converted based on individual need. • Year 2 and 3 - Infrastructure work significantly exceeded expectations. Service requirements include replacement of round pits, lowering of meters, valve replacement. • Survey conducted for year 4 - Survey supports budgeted dollars for years 4 & 5. • Infrastructure work is estimated to cost an additional $2.1 million in years 4 and 5. Project Budget Review Adopted CIP 5 Year AMR Program Budgets: FY 05 -06 - $28,056,638 Original estimate of total costs associated with converting 147,554 meters to AMR. Average unit cost to convert a meter is approximately $190.14 FY 06 -07 - $26.709.883 REVISED Revision 1 to 5 year cost estimate to convert 147,554 meters to AMR. Average unit cost to convert a meter is approximately $181.02 FY 07 -08 - $27.869.575 REVISED Revision 2 to 5 year cost estimate to convert 147,554 meters to AMR. Costs associated with water meter infrastructure conversion escalating. Average unit cost to convert a meter is approximately $188.88. FY08 -09 - $30.942,071 REVISED Revision 3 to 5 year cost estimate to convert 147,554 meters to AMR. Costs associated with water meter infrastructure continue to escalate. Average unit cost to convert a meter is approximately $209.70. -335-- 6 Project Budget Review Detail of CIP 5 year AMR Program Budget : FY 07 -08: $27.869,575 Actuals Actuals Actuals Planned Planned Year 1 Year 2 Year 3 Year 4 Year 5 AMR $3,643,224 $4,404,315 $4,355,931 $4,355,930 $4,372,058 Inf. 960.269 1.189.214 1.574 118 1 507 257 1 507,257 Total $4,603,493 $5,593,529 $5,930,049 $5,863,187 $5,879,315 FY08 -09: $30,942.071 REVISED Actuals Actuals Actuals Planned Planned Year 1 Year 2 Year 3 Year 4 Year 5 AMR 53,643,224 $4,404,315 $4,355,931 $4,835,737 $4,851,865 Inf. 960.269 1 189.214 1,574.118 2.563.663 2.563,735 Total $4,603,493 $5,593,529 $5,930,049 $7,399,400 $7,415,600 Reasons for Budget Increase • Higher than anticipated use of single MTUs • Planned 41.5 %; Actual 61.8% • Carry-over for installations deferred in Year 3 • Inclusion of large water meter replacements in project —336— 7 Reasons for Budget Increase . Increase in bid prices for water meters • Bid price increase of 22.2% ■ Special vault lid requirements ▪ Higher than expected water infrastructure costs (Years 4 and 5 continue increasing but at a decreasing rate) ROI Calculations • Utility revenue enhanced with replacement of aged meter infrastructure. • Sample Data collected over 2 years supports a conservative revenue enhancement of 6% increase for water meter accounts and 3% increase for gas meter accounts. • Model adjusted to reflect actual cost for years 1, 2 and 3 of project, inclusion of large water meters to project and increased costs to complete years 4 & 5 of project. • Adjusted financial model for AMR supports positive position over 20 year plan. —337— 8 Projected Return On Investment Based on 20 Years: Proposed Project Costs: $30,942,071 AMR Breakeven Point Realized in Year: 15 FY 08 -09 (Current Projections) ROI: $2,848,244 (Anticipated Savings / Revenue Increases / Cost Avoidance) Requested Action . Approve change orders: Northrop Grumman Contract — System and Installation Prime Contractor - $3,735,002 RAM Technologies Contract — Project Management Consultant - $138,701 —338— 9 Q &A 10 -339-