HomeMy WebLinkAbout029337 ORD - 12/13/2011§ 7.12 Adaptive Reuse Standards
Ordinance amending the Corpus Christi Unified Development
Code by adding a new Section 7.12 entitled, "Adaptive Reuse
Development Standards", relating to the use, regulations ,and
review standards for Adaptive Reuse and redevelopment of
existing and historical structures; Amending conflicting
provisions of the City's Comprehensive Plan; Repealing
conflicting ordinances; Providing for severance, penalties,
publication and an effective date.
WHEREAS, the Corpus Christi Comprehensive Plan promotes the rehabilitation
of deteriorating housing which will promote better quality living environments and
enable older neighborhoods to remain viable;
WHEREAS, the Corpus Christi Comprehensive Plan promotes infill development
of vacant lots to improve economic viability through incentives to attract private
investors;
WHEREAS, the Corpus Christi Comprehensive Plan recognizes that although
some City business districts have declined due to decentralization or relocation
of business, some still have a strong market potential to compete effectively if
renovated or rehabilitated;
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, August 3, 2011, during meetings of the Planning Commission, and
on Tuesdays, October 11, 2011 and December 13, 2011, 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;
WHEREAS, the City Council has determined that this amendment to the Unified
Development Code (UDC), would best serve the general welfare of the City and
its citizens by providing a regulatory base for more sustainable communities by
ensuring compatibility in development; maintaining consistency and character;
and ensuring growth in an orderly and desirable manner that will preserve the
public health and safety;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That the Corpus Christi Unified Development Code is amended by
adding a new Section 7.12 entitled "Adaptive Reuse Development Standards" to
read as follows:
§ 7.12 Adaptive Reuse Development Standards.
7.12.1 Purpose.
The purpose of the Adaptive Reuse Development Standards is to
revitalize areas of the City's downtown areas (and any other pre-
determined or targeted area) by facilitating the conversion of older,
economically distressed, or historically significant buildings
consisting of residential or tourist uses mixed with Commercial,
02933/ INDEXED
§ 7.12 Adaptive Reuse Development Standards Page 2 of 14
Professional Office, Civic uses, including apartments, Live -Work
units, multiple -family residences, and tourist -based facilities. This
will help to reduce vacant space as well as encourage the
development of a residential community downtown and other
blighted areas of the City, thus creating a more balanced ratio
between housing and jobs in the region's primary employment
centers.
7.12.2 Application of Standards.
The standards under this Ordinance shall be applied as follows:
A. Where a conflict exists between the standards of the
underlying zoning district and the Adaptive Reuse
development standards, the standards established under the
Adaptive Reuse Standards Ordinance shall apply.
B. The standards provided under this Ordinance may only be
applied to Adaptive Reuse development that is platted,
developed, and constructed in accordance with this
Ordinance.
C. When an adaptive reuse project is approved as an eligible
building and proposed within the Uptown -Downtown Mixed
Use Special Overlay District, 50% of any Zoning fees
required shall be waived.
D. The standards of this Ordinance do not apply to remodeling
or reconstruction of a single-family or two-family home, or an
addition to a structure for any use when the building is
currently in use, but shall be applied in the adaptive re -use of
an existing vacant structure for the development of a
multiple -family structure, or single-family Live -Work mixed-
use structure.
E. Historical buildings are not required to include residential
uses in an Adaptive Reuse development.
7.12.3 Applicable Zoning Districts.
For the purpose of this Ordinance, the standards of this Ordinance
shall apply to proposed adaptive reuse of a vacant building to a
mixed residential or mixed tourist use, and located in the RM -1,
RM -2, RM -3, RM -AT, CN -1, CN -2, ON, CR -1, CR -2, CR -3,' CG -1,
CG -2, CI, CBD, and BP Zoning Districts. Light Industrial (IL)
Zoning Districts may be included as an adaptive reuse !project
under this Ordinance if rezoned to one of the districts listed under
this Section.
7.12.4 Permitted Uses.
A. An adaptive reuse project is the conversion and chance of
use within all or a portion of a vacant eligible building, to
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include one or more, or any combination of the following new
residential uses:
1. Dwelling units (apartments, condos, lofts, single and
two-family dwelling units, see Section 7.12.2.D).
2. Joint living and work quarters (Live -Work units mixed
with a restricted mix of small Commercial, Professional
Office, or Civic uses) in accordance with the
development standards of Section 6.14.7.
3. Mixed Uses (as constructed in accordance with Section
6.8 or 7.11, but eligible for the exceptions and
provisions under this Ordinance).
4. Guest rooms (in hotels, including a toilet and bathing
facilities).
5. Bed and breakfast lodging establishments where
permitted under a development concept or special
overlay district ordinance.
6. As part of a Traditional Neighborhood or Transit -
Oriented development in accordance with Sections 6.9
or 6.10.
B. Commercial, Professional Office, Civic or Institutional uses
may be used in combination with the residential uses stated
above when developed as, and in accordance with, the
Mixed -Use Development Ordinance Standards of Section
6.8.
7.12.5 Review Process.
An abbreviated version of the review process of a proposed
adaptive reuse building under this Ordinance is provided in the
following flowchart (Fig. 7.12.5), the detailed review process follows
the flowchart:
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§ 7.12 Adaptive Reuse Development Standards
Figure 7.12.5. Adaptive Reuse Review Process
Page 4 of 14
Is the proposed adaptive reuse of the building for
residential mixed use or tourist mixed use purposes?
4606.1 Is the proposed non-residential or
non -guest room portion of the mixed-
use a permitted rise listed under
Table 6.8.11.C?
Is the proposed building located
within one of the Zoning Districts
listed under Section 712.3?
Is the building considered an
"Eligible Building" as outlined under
Section 7.12.6?
Will the total square footage of
the building exceed more than
25% of the original square
footage of the wilding?
Discretionary
Use Process
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7.12.6 Eligible Buildings.
Eligible buildings are defined as those structures that have been
vacant for a period of at least 5 years, and the building was
constructed in accordance with building and zoning codes in effect
5 years prior to the date that an application is made. A Certificate of
Occupancy, building permit, utility bill, or other suitable
documentation may be submitted as evidence to verify the: date of
occupancy. Eligible buildings for adaptive reuse reconstruction shall
either be considered a By -Right Use or Discretionary Use, as
determined by the following:
A. By -Right Use.
1. To be considered as a By -Right use, the existing
structure may not increase the building footprint
greater than 25% of the original square footage of the
structure being re -used.
2. As a By -Right use, any non -conforming and existing
floor area, lot area, lot line setbacks, and heights, are
"grandfathered in" and a variance, special permit, or
public hearing is not required.
3. Historical Buildings. Historically significant
buildings (i.e. buildings listed on the National Register
of Historic Places, Texas Historical Commission, or
any locally established register of historic sites or
buildings) are always considered eligible buildings
under this Ordinance, and adaptive reuse of the
historical structure shall be a By-Right/permitted use.
Although the historical structure may not require
review through a public hearing process, it may
require review by the City's Landmark Commission
prior to approval.
4. Structures in the Uptown -Downtown Special Mixed
Use Overlay District: A structure located within the
boundaries shown on the map provided under the
Uptown -Downtown Special Mixed Use District
Ordinance, (Section 6.11.2, Figure 1) shall be
considered an eligible By -Right building.
B. _Discretionary Use. An other proposed adaptive reuse of a
vacant structure in which new floor area or heihcL t is
proposed to be added that exceeds 25% of the original floor
area, or a change has occurred in the yard setbacks 5 years
prior to the date that an application is made, or not classified
as an Eligible Building under Section 7.12.6(A) above, may
be considered as a Discretionar Use. In order to be
classified as a Discretionary Use and qualify for the
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§ 7.12 Adaptive Reuse Development Standards Page 6 of 14
exceptions and provisions of this Ordinance, the proposed
building for reuse must meet the following requirements:
1. The building must have been continuously vacant for at
least 5 years (as evidenced by a valid Certificate of
Occupancy); and
2. The Development Services Department ACM or
designee must determine that the building is no longer
economically viable in its current use. In making this
finding, the Development Services Department ACM or
designee shall consider the building's past and' current
vacancy rate, existing and previous uses, and real
estate market information, and any adverse relationship
with adjacent uses.
3. The Development Services Department ACM or
designee has the following options in reviewing a
proposed adaptive reuse as a Discretionary Use:
a. Approve the application;
b. Approve the application with conditions;
c. Deny the application;
d. Require the project to go through a public noticing
period (for which the applicant will be required to
pay for the advertisement fee). Following the
required noticing and advertisement period, if no
opposition to the project has been received, the
ACM or designee may approve the application
administratively. If the proposed development
does receive opposition during the noticing period,
the applicant shall be required to attend a public
hearing before the Planning Commission and City
Council for review and approval.
7.12.7 Construction Standards.
Ali structures proposed for adaptive reuse require a Building: Permit
Application, applicable building permits and inspections, and are
required to meet the City's current adopted Building Codes.
Approved By -Right and Discretionary Use Adaptive Reuse projects
are entitled to construct the project without having to apply for a
variance, special permit, or further participation in a public nearing
process if the project is constructed as follows:
A. Density.
1. Uptown -Downtown MUS Special Overlay District.
There is no limit to the number of apartments, liVe/work
units, or aluest rooms permitted in__an._a aptivo reuse
project, provided that no more than 25% of the existing
floor area is added as new floor area (New floor area
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shall be defined and refers to any change in use to an
existing eligible building proposed for adaptive reuse,
located within the confines of the existing interior
ortion of the exterior walls and roo .
2. All Other Areas.
a. Existing floor area which exceeds that permitted
by the current Zoning District or any other land use
regulation shall be permitted, provided no
additional floor area is added.
b. Where increased density is proposed and does
not currently exceed the maximum limits 'for the
Zoning District, the proposed increase in density
must not exceed the density limits established by
the Zoning District for which it is located.
B. Minimum Lot Area and Lot Width.
1. The minimum lot area and lot width required shall not be
Tess than the limits established by the underlying zoning
district for which the proposed development is located.
2. The minimum lot area and width of a lot and structure
proposed within the Uptown and Downtown Mixed Use
Boundary area for adaptive reuse shall not be limited,
provided any yards required for the underlying district are
met, where required.
C. Height. Existing heights which exceed that permitted by the
current Zoning District or any other land use regulation shall
be permitted to remain, provided no additional height is
added above the maximum heights permitted by the zoning
district in which the development is located.
D. Yards. Existing observed yards which do not meet the
yards required by the current Zoning District or any other
land use regulation shall be permitted, provided that the
proposed floor area of the adaptive reuse does not (further
encroach into the existing yards.
E. Mezzanines. New construction to accommodate loft spaces
in an existing story is permitted, provided that the new !oft
area may not exceed 33% of the floor area of the room or
space on lower floors. New mezzanines constructed of one-
third the floor area of the floor below or less shall !not be
counted as floor area (Figs. 7.12.7.E).
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§ 7.12 Adaptive Reuse Development Standards
Figures 7.12.7.E. Mezzanine Lofts.
Page 8 of 14
F.
Off -Street Parking.
1. New parking spaces shall not be required for an
adaptive -reuse project, provided that all existing on-site
spaces are maintained and not reduced in the adaptive
reuse of the site (unless the proposed use requires less
parking for the proposed use or by the City's Unified
Development Code). The existing parking may be used
for any onsite or off-site use (For example, the parking
may be reserved exclusively for onsite residential
tenants, or it may be utilized for public parking).
2. The adaptive reuse of a structure located within the
boundaries of the Uptown -Downtown Mixed Use
Special Overlay District shall not require any additional
parking.
3. The location and construction of new parking areas for
an adaptive reuse project must be designed and
located in accordance with the requirements of Section
6.8.17.
4. Parking may be located between a pedestrian -oriented
street and the primary building if the parking area
already exists and the project proposes to renovate
only the interior of an existing building where adequate
parking for the use currently exists. Redevelopment of
a parking lot in connection with the adaptive reuse of a
structure shall provide the needed parking behind the
adaptive reuse structure.
5. Commercial Parking. The adaptive reuse of a lot for
the purposes of creating a commercial or public parking
lot is permitted, provided that the proposed parking lot
is located in compliance with standards of Section
6.8.17.
a. Exception to Strict Application of Section
6.8.17. Where it can be proven that a proposed
commercial or public parking site is currently and
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actively being used for commercial or public
parking uses, and not located in accordance with
the standards of Section 6.8.17, the proposed
commercial or public parking use shall be
permitted to remain, provided that the total: square
footage of the original parking area is not
increased and the landscape and vehicular
screening requirements of Section 6.8.17 and the
City's Landscaping Ordinance are applied.
6. Where off-street surface parking areas are constructed
or located behind, under, or above the principal building
which screens the parking area from the direct 'view of
the right-of-way, the vehicular screening requirements
shall be waived.
7. Vehicular Screening Exceptions. In order to
encourage infill and adaptive reuse on constrained sites
containing no more than 1 acre and bordered by
developed land along the entire perimeter (excluding
intervening public streets), the following exceptions to
the City's Landscaping Ordinance vehicular screening
requirements are available to infill and adaptive reuse
projects occurring within an older/established area:
a. The Development Services Department ACM or
designee may waive up to 50% of the parking
lot/vehicular screening landscaping requirements
of the City's Landscaping Ordinance, provided that
tree canopy planted along the site perimeter also
serves to screen and shade the interior of the
parking lot within 10 years of planting; or
b. The Development Services Department ACM or
designee may waive up to 50% of the barking
lot/vehicular screening landscaping requirements if
a low decorative wall or fence of a minimum height
of not less than 42 inches is installed along the
parking area perimeter that also serves to screen
the parking area from public view. Where fencing
is utilized, fencing shall not be solid or chain -
linked, and must provide a minimum df 50%
transparency.
c. The vehicular screening exceptions under this
Section do not apply to the screening
requirements for commercial or public parking lots
not associated with the adaptive reuseof a
building.
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G. Loading Spaces. Where an existing loading space is
provided, the loading space shall be required to remain, but
may also be used as additional parking space when
deliveries are not scheduled. Adequate signage shall be
provided listing the hours of deliveries and designating when
the spaces cannot be used for public or private parking. If
no loading spaces exist, then a loading space shall not be
required in conjunction with the development of an adaptive
reuse project.
H. Access and Driveways. Existing access and driveways
shall be permitted to remain, provided that the proposed
development site is not located within a City -planned or
funded Capitol Improvement Project or Texas Department of
Transportation (TXDOT) proposed project area that may
require altering the location of the existing access or drive.
7.12.8 Additional Adaptive Reuse Development Requirements.
A. Open Space. An adaptive reuse project must provide open
space equaling a minimum of 10% of the combined floor
area of all residential or tourist lodging units. The open
space requirement can be met through, but is not limited to,
the following methods:
1. The square footage of common plazas and courtyards,
swimming pools, or recreational amenities provided
onsite may be counted towards the open space
requirement on the site (Figs. 7.12.8.A.1).
Fi • ures 7.12.8.A.1 . Cou ards & Ada . tive Reuse with Cou 'ard.
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Page 11 of 14
2.The Development Services Department ACM or their
designee may approve a reduction in the amount of
open space required for the residential component of
an adaptive reuse building when it finds that all
reasonable attempts to fulfill the requirements have
been exhausted and the open space is not able to be
accommodated due to the urban infill characteristic of
the development site.
3. The adaptive reuse of a historical structure for purposes
other than residential uses shall be exempt from the
open space requirement.
B. Building Orientation and Design Standards.
1. When an adaptive reuse project includes the alteration,
reconstruction or remodeling of the exterior walls or
facades of a building, the building orientation and
design standards of Section 6.8.13 and 6.8.14 shall
apply to the greatest extent possible. Deviation from
the strict application of one or more of the orientation
and design standards may be considered and approved
by the Development Services ACM or designee when it
is determined that strict application of the standard(s)
would not be feasible.
2. Historical Structures. Strict application of the building
orientation and design standards shall not be required
in the adaptive reuse of historical structures; however,
the renovation and remodeling of a historical structure
must not destroy or obscure essential architectural
features, and to the greatest extent possible, enhance
the architectural features of the structure.
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C. Sidewalks and Streetscape Zones.
1. The applicant of the adaptive reuse project shall have
the option of providing either a Streetscape Zone in
accordance with the standards of Section 6.13, or
provide the landscaping requirements of the City's
Landscaping Ordinance.
2. Sidewalks shall be provided for all adaptive reuse
protects that are located adjacent to an Arterial or
Collector Street, and constructed in accordance with the
Americans with Disabilities Act construction standards,
and the sidewalk widths proposed under the Urban
Transportation Plan.
3. Where the interior renovation and adaptive reuse of an
existing building is situated on an existing sidewalk that
does not meet the minimum 10 foot width requirement,
the minimum sidewalk width and Streetscape Zone
width may be reduced to the actual width of the existing
sidewalk, but must not be less than 5 feet in width,
unless the proposed project is located within a City
planned streetscape design area, in which case the
requirements of the planned streetscape design shall
be required.
D. Fencing.
1. Prominent facades on street -facing units may not be
concealed behind high walls, solid fencing, or privacy
fences that provide less than 50% transparency,
forward of the front facade of the building.
2. Residential units consisting of courtyards and entrances
located rearward of the "build -to" line may not be
concealed behind high walls, solid fencing, or privacy
fences that provide less than 50% transparency (Figs.
7.12.8.D.2)
Figures 7.92.8.D.2.
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3. Lower solid fencing, solid landscaping, and walls not
exceeding 4 feet in height, or decorative iron fences no
greater than 7 feet in height are acceptable.
E. Adaptive reuse development must also comply with the
following additional standards listed under the following
Sections:
6.8.19 Servicing and Solid Waste Collection.
6.8.21 Accessory Structures.
6.13.1(D) Awnings.
SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus
Christi, Texas, effective July 1, 2011, as amended from time to time, except as
changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 3. That to the extent that this amendment to the UDC represents a
deviation from the Comprehensive Plan, the Comprehensive Plan is amended to
conform to the UDC, as amended by this ordinance.
SECTION 4. That all ordinances or parts of ordinances in conflict with this
ordinance are hereby expressly repealed.
SECTION 5. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it may not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 6. A violation of this ordinance or requirements implemented under
this ordinance constitutes an offense punishable as provided in Section 1.10.1
and/or Article 10 of the UDC.
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. This Ordinance shall take effect upon and after publicationof this
Ordinance.
Signatures on following page.
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§ 7.12 Adaptive Reuse Development Standards
Page 14 of 14
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 11-1-K day of B.e,cerw.frek-, 20 it, by the following; vote:
Joe Adame
Chris Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on
this the ;-h'` day of-t2A,,,,..6..e'L— , 20_, by the following vote:
Joe Adame
Chris Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
David Loeb
John E. Marez
Nelda iviartinez
Mark Scott
PASSED AND APPROVED this the day of
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form only: this the
For Carlos Valdez, City Attorney
c
eborah Walther Bro
Assistant City Attorney
Deaunl-eA 20 U.
Joe A me
Mayor
day of
0 /1
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029337
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 5984228
PO #
Before me, the undersigned, a Notary Public, this day personally came
GEORGIA LAWSON, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and
San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF
ORDINANCE(S) 029329 which the annexed is a true copy, was inserted in the
Corpus Christi Caller -Times on the 12/19/2011, 12/19/2011.
$ 425.58
2Time(s)
LEGAL SALES REPRESENTIVE
On this 1+1(1 day of FM( ulaq , 2012 I certify that the attached document
is a true and an exact copy madYby publisher.
MICHELLE JOYCE CABRERA
My Commission Expires
March 19, 2016
Notary Public, State of Texas
CALLER TIMES cc: December 19, 2011 a: 5E
Legal Natices 11.10
NOTICE OF ;'
PASSAGE OF
ORDINANCE(S)
029329, .Atnendiing
the Corpus Christi
Unified Development
Code by' ° adding a
new Section 6.6. enti-
tled, "Development
Concept and Special
Overlay Zoning
Districts",:relating to
the establishment
and use of, specific
development concept
overlays and special
overlay zoning'dis-
tricts; .02933.0.,
Amending the Cor-
pus Christi Unified
Development Code
by adding a new Sec-
tion 6.7. entitled,
"Clustered Develop-
ment Overlay Zoning
District", relating to
the use, regulations,
and review standards
for clustered develop-
ment; `:'02933. ,
Amending the Cor-
pus Christi Unified
Development Code
by adding a new. Sec-
tion 6.6. entitled, "Mix
Use Overlay District",
relating to the use,
regulations, and re-
view standards for
mixed .use develop
m"ent; 029332,
Amending the Cor-
pus Christi Unified
Development' Code
by adding a new Sec-
tion 6,1 1.:entitled,
"Uptown -Downtown
Mixed -Use (MUS)
Special Overlay
District"; relating to
the establishment of
a mixed-use special
overlay district pro-
moting mixed-use
development within
the. .uptown and
downtown areas of
the City; 029333,
Amending the Cor-
pus Christi Unified
Development Code
by adding a new Sec-
tion 6.12. entitled,
Target Area Rede-
velopment Special
(TARS) Overlay
District", relating to
the use, regulations,.
and review standards
promoting infill ,and
redevelopment: of
designated targeted
areas within the City
limits; 0.29334,`
Amending the Cor-
pus Christi Unified_
Development Code
by adding' a new Sec-
tion 6.13. erftitl'd,
"Streetscape Zone
Standards", relating
to the use,: regula-
tions and review
standards. for crea-
tion of streetscape
zones; 029335,
Amending the Cor-
pus Christi Unified
Development Code
by adding a new Sec-
tion
ection6.14. entitled,
"Alternative: Housing
Options", relating to.
the use, regulations
and review standards
for alternative hous-
ing options;
ousing:options;: 429338,
Amending the Cor-
pus Christi Unified
Development Code
by adding. anew Sec-
tion 7.11, entitled'
"Neighborhood
Mixed -Use (NMU)
Development
Standards", relating
to the use,.•regula-
,tions and review
1standards,for resit-
dential mixed-use
Idevelopment;.
029337, Amending
the Corpus Christi
Unified Development
Code by adding a
new Section 7.12.
entitled, "Adaptive
Reuse Development.
Standards", relating
to the ;use, regula-
tions. and review
standards for Adap-
tive Reuse and
redevelopment of ex-
isting and historical
structures; amending
conflicting provisions
of; the City's Compre-
hensive Plan;:.
repealing conflicting
ordinances; providing
for penalties, and an
effective date. These
ordinances. were
passed & approved
• on Dec, 13, 2011.
/sl Armando Chapa
City Secretary