HomeMy WebLinkAbout031878 ORD - 09/24/2019 Ordinance amending the Unified Development Code in response to Texas
Legislative changes to modify definition of industrial housing, modify
historic landmark or Historic Overlay District designation regulations
including consent and notice requirements, modify zoning board of
adjustment regulations including reducing the time to appeal, and eliminate
building material requirements for cottage housing, facades, roofs, and
island overlay; and providing for penalty.
WHEREAS, effective September 1, 2019, H.B. 1385 removes the height limit for a
structure to be classified as industrialized housing and buildings.
WHEREAS, effective May 25, 2019, H.B. 2496 (1) prohibits a city that has established a
process for designating places or areas of historical, culture, or architectural significance
through zoning regulations from designating a property as a local historic landmark unless: (a)
the owner of the property consents to the designation; or (b) the designation is approved by
three-fourths vote of the city council and the zoning, planning, or historical commission, if any;
(2) allows a city to designate a property owned by a qualified religious organization as a local
historic landmark only if the organization consents to the designation; (3) requires a city to
provide a property owner a statement describing certain impacts that a local historic landmark
designation may have on the owner and the owner's property no later than the 15th day before
the date of the initial hearing on the designation; and (4) requires a city to allow the owner of a
property to withdraw consent at any time during the local historic landmark designation process.
WHEREAS, effective September 1, 2019, H.B. 2497 (1) requires the city council to
approve rules adopted by the board of adjustment; (2) allows the following persons to appeal to
the board of adjustment a decision made by an administrative official that is not related to a
specific application, address, or project: (a) a person aggrieved by the decision; or (b) an officer,
department, board, or bureau of the city affected by the decision; (3) allows the following
persons to appeal to the board of adjustment a decision by an administrative official that is
related to a specific application, address, or project: (a) a person who files an application that is
the subject of the decision; (b) a person who is the owner of property or representative of the
owner that is the subject of the decision; (c) a person who is aggrieved by the decision and is
the owner of real property within 200 feet of the property that is the subject of the decision; or
(d) any officer, department, board, or bureau of the city affected by the decision; (4) requires
that a decision made by an administrative official be appealed to the board of adjustment not
later than the 20th day after the date the decision is made; and (5) requires the board of
adjustment to decide an appeal described in (4) at the next meeting for which notice can be
provided following the hearing and not later than the 60th day after the date the appeal is filed.
WHEREAS, effective September 1, 2019, H.B. 2439 provides that: (1) "national model
code" means a publication that is developed, promulgated, and periodically updated at a
national level by organizations consisting of industry and government fire and building safety
officials through a legislative or consensus process and that is intended for consideration by
units of government as local law, including the International Residential Code, the National
Electrical Code, and the International Building Code; (2) a governmental entity, including a city,
may not adopt or enforce a rule, charter provision, ordinance, order, building code, or other
regulation that: (a) prohibits or limits, directly or indirectly, the use or installation of a building
product or material in the construction, renovation, maintenance, or other alteration of a
residential or commercial building if the building product or material is approved for use by a
national model code published within the last three code cycles that applies to the construction,
renovation, maintenance, or other alteration of the building; or (b) establishes a standard for a
building product, material, or aesthetic method in construction, renovation, maintenance, or
other alteration of a residential or commercial building if the standard is more stringent than a
standard for the product, material, or aesthetic method under a national model code published
within the last three code cycles that applies to the construction, renovation, maintenance, or
031878 SCANNED
other alteration of the building;(3) a governmental entity that adopts a building code governing
the construction, renovation, maintenance, or other alteration of a residential or commercial
building may amend a provision of the building code to conform to local concerns if the
amendment does not conflict with the prohibition in (2), above.(4) the prohibition in (2), above,
does not apply to: (a) a program established by a state agency that requires particular
standards, incentives, or financing arrangements in order to comply with requirements of a state
or federal funding source or housing program; (b) a requirement for a building necessary to
consider the building eligible for windstorm and hail insurance coverage; (c) an ordinance or
other regulation that: (i) regulates outdoor lighting for the purpose of reducing light pollution; and
(ii) is adopted by a governmental entity that is certified as a Dark Sky Community by the
International Dark-Sky Association as part of the International Dark Sky Places Program; (d) an
ordinance or order that: (i) regulates outdoor lighting; and (ii) is adopted under the authority of
state law; or (e) a building located in a place or area designated for its historical, cultural, or
architectural importance and significance that a city may regulate through zoning, if the city: (i)
is a certified local government under the National Historic Preservation Act; or(ii) has an
applicable landmark ordinance that meets the requirements under the certified local government
program as determined by the Texas Historical Commission; (f) a building located in a place or
area designated for its historical, cultural, or architectural importance and significance by a
governmental entity, if designated before April 1, 2019; (g) a building located in an area
designated as a historic district on the National Register of Historic Places; (h) a building
designated as a Recorded Texas Historic Landmark; (i) a building designated as a State
Archeological Landmark or State Antiquities Landmark; (j) a building listed on the National
Register of Historic Places or designated as a landmark by a governmental entity; (k) a building
located in a World Heritage Buffer Zone; (I) a building located in an area designated for
development, restoration, or preservation in a main street city under the main street program; or
(m) the installation of a fire sprinkler protection system; (5) a city that is not described by (4)(c)(i)
and (ii)(e.g., a city that is not "dark skies" certified) may adopt or enforce a regulation described
by (2), above, that applies to a building located in a place or area designated on or after April 1,
2019, by the city for its historical, cultural, or architectural importance and significance, if the city
has the voluntary consent from the building owner; (6) a rule, charter provision, ordinance,
order, building code, or other regulation adopted by a governmental entity that conflicts with the
bill is void; (7) the attorney general or an aggrieved party may file an action in district court to
enjoin a violation or threatened violation of the bill; and (8) the attorney general may recover
reasonable attorney's fees and costs incurred in bringing an action under the bill, and sovereign
and governmental immunity to suit is waived and abolished to the extent necessary to enforce
the bill.
WHEREAS, the Planning Commission has forwarded to the City Council its final report
and recommendation regarding this amendment of the City's Unified Development Code
("UDC"),
WHEREAS, with proper notice to the public, public hearings were held on Wednesday
August 7, 2019, during a meeting of the Planning Commission when the Planning Commission
recommended approval of the proposed UDC amendments, and on September 17, 2019,
during a meeting of the City Council, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment to the UDC would
best serve the public's health. necessity convenience. and the general welfare of the City and
its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. UDC Article 4 "Base Zoning Districts", Section 4.3 "Single-Family Residential
Page 2 of 7
Districts", Subsection 4.3.7.A. "Definition" is amended by adding the following language that is
underlined (added) and deleting the language that is stricken (deleted) as delineated below:
4.3.7. Industrialized Housing
4.3.7.A Definition
1. Industrialized housing is a residential structure that is:
a. Designed for the occupancy of one or more families;
b. Constructed in one or more modules or constructed using one or more modular
components built at a location other than the permanent site; and
c. Designed to be used as a permanent residential structure when the module or
the modular component is transported to the permanent site and erected or
installed on a permanent foundation system.
2. Industrialized housing includes the structure's plumbing, heating, air conditioning, and
electrical system.
3. Industrialized housing does not include:
a. A residential structure that exceeds throe stories or 49 feet in height as
roof;
b a. Housing constructed of a sectional or panelized system that does not use a
modular component; or
G b. A ready-built home constructed in a manner in which the entire living area is
contained in a single unit or section at a temporary location for the purpose of
selling and moving the home to another location.
SECTION 2. UDC Article 3 "Development Review Procedures", Section 3.4 "Historic Overlay
District or Landmark Designation", Subsection 3.4.2.A. "Staff Review" is amended by adding the
following language that is underlined (added) and deleting the language that is stricken
(deleted) as delineated below:
3.4.2.A Staff Review
1. The Assistant City Manager of Development Services shall notify the owner of such
property of the proposed designation and shall secure an affidavit from the owner if
required, stating his or her their consent to the proposed designation. If the property
is owned by an organization that qualifies as a religious organization, the City may
only designate the property as a historic landmark or apply the Historic Overlay
District if the religious organization consents. The property owner may withdraw
consent at any time during the designation process.
2. If the property owner does not consent to the proposed designation, a three-fourths
vote of approval is required by the Landmark Commission, Planning Commission,
and the City Council.
3. The Assistant City Manager of Development Services shall review the application
and, considering the review criteria in Subsection 3.4.3, make a recommendation to
the Landmark Commission and City Council.
4. The City must provide the property owner a statement that describes the impact that
a historic designation of the owner 's property may have on the owner and the
owner 's property. The City must provide the statement to the owner not later than
the 15th day before the date of the initial hearing on the proposed designation of the
property by the City Council
5. The historic designation impact statement must include lists of the:
a. regulations that may be applied to any structure on the property after the
designation;
b. procedures for the designation;
c. tax benefits that may be applied to the property after the designation; and
Page 3 of 7
d. rehabilitation or repair programs that the municipality offers for a property
designated as historic.
SECTION 3. UDC Article 3 "Organizations and Officers", Section 2.4 "Board of Adjustment",
Subsection 2.4.4.D "Rules of Proceeding" is amended by adding the following language that is
underlined (added) and deleting the language that is stricken (deleted) as delineated below:
2.4.4.D Rules of Proceeding
The Board shall adopt its own rules of procedure with the approval of the City Council,
provided that such rules shall not conflict with laws applicable to the Board of or any
provisions of the City Charter.
SECTION 4. UDC Article 3 "Development Review Procedures", Section 3.27 "Appeal of
Administrative Decision", Subsection 3.27.2.A. "Initiation" is amended by adding the following
language that is underlined (added) and deleting the language that is stricken (deleted) as
delineated below:
3.27.2.A Initiation
Within 30 20 days after the date of administrative decision, an appeal of an
administrative decision may be initiated by any person aggrieved by the administrative
decision the person who filed the application that is the subject of the decision, the
owner or representative of the owner of the property that is the subject of the decision,
a person who is aggrieved by the decision and is the owner of real property within 200
feet of the property that is the subject of the decision, or any official or officer,
department, board, or bureau of the City affected by the decision.
SECTION 5. UDC Article 4 "Base Zoning Districts", Section 4.7 "Cottage Housing District
Regulations", Subsection 4.7.9.F. "Exterior Siding" and Subsection 4.7.9.G. "Alternate
Architectural Styles" is amended by adding the following language that is underlined (added)
and deleting the language that is stricken (deleted) as delineated below:
4.7.9.F Exterior Siding
Cottage unit siding must be a minimum of 6 inches in width and may be either horizontal
or vertical plank siding., -e• -- -e _ __ _- ---•-• , _ - , _ _ •_-_ _ --
4.7.9.G.
-4.7.9.G. Alternate Architectural Styles
1. Proposed alternate architectural design style for a Cottage Housing Development
must be consistent and compatible with the materials, appearance, concept, and
the remaining standards of this Section.
SECTION 6. UDC Article 6 "Special Zoning Districts", Section 6.4 "-10, Island Overlay",
Subsection 6.4.11.0 "General Standards, Treatments, and Materials" is amended by adding the
following language that is underlined (added) and deleting the language that is stricken
(deleted) as delineated below:
6.4.11.0 General Standards, Treatments, and Materials
1. Building Design
All architectural building styles shall be described and controlled by the following
design characteristics. The listed provisions within this subsection regarding
exterior walls, finishes, siding, and roof materials are design guidelines and are
solely recommendations.
a. General Massing
Page 4 of 7
"General massing" is the predominate shape of the structure with regard to the
specific building style. Shopping centers and other large buildings shall be
designed to reduce their apparent bulk by dividing the building mass into several
smaller-scaled components, including the use of low-scale planters, site walls,
variations in roof forms and heights and the lowering of parapets when not
needed to screen mechanical equipment.
b. Exterior Wall Materials & Finishes
Exterior wall materials & finishes visible from public right-of way should
Shall be consistent with the specific building style. High quality synthetic
materials that simulate the original material of a particular building style
shall should be considered. Walls should shall be constructed of one or a
combination of the following materials with no 4-foot by 8-foot sheets of siding
allowed. Suggested materials include:
i. Stucco;
ii. Masonry, brick or stone;
iii. Fiber cement siding; or
iv. Wood.
c. Vinyl Siding
Vinyl siding shall should not be used for new construction on properties
with street frontage on Park Road 22 or properties located in the Lake
Padre Area as indicated on the Vinyl Boundary Map in Appendix C of this
Section. In addition, existing development originally constructed with vinyl
siding wall material may replace vinyl within the areas designated "vinyl
not allowed" on the Vinyl Boundary Map. Where vinyl is allowed for new
construction or as a new wall covering to replace existing vinyl siding, the
vinyl should shall have the following characteristics:
i. Nominal 0.42 mil thickness;
ii. 5/8" profile height;
iii. Reinforced nail hem; and
iv. Designed for 160 MPH wind-load when attached on
16"centers.
d. Storefront Glass
Storefront glass shall be limited to 15% of a building façade and shall be
consistent with the chosen design theme.
e. Roof Form and Materials
The shape and pitch of the roof shall be specific to the building style. aha
The following materials are recommended.
Table 6.4.11.A Roof Form and Materials
Roof Type Materials
Metal Standing Seam, 5-V crimp, or corrugated.
Unpainted Galvalume finish is preferred.
Tile Slate, terra cotta, clay, or concrete tile.
Shingles Architectural dimensional composition shingle (the
use of 3-tab shingles is prohibited), or metal.
Roof screening All roof top equipment shall be screened from view
when viewed from the ground.
Page 5 of 7
SECTION 7. UDC Article 7 "General Development Standards", Section 7.7 "Building Design",
Subsection 7.7.1 "Purpose" and 7.7.3 "Facades" is amended by adding the following language
that is underlined (added) and deleting the language that is stricken (deleted) as delineated
below:
§7.7 Building Design
7.7.1 Purpose
The purpose of this Section is to provide interest in design, articulation and
human scale to the façade of a building. The listed provisions within this subsection
regarding exterior walls, finishes, siding, and roof materials are design guidelines
and are solely recommendations.
7.7.3 Facades
A. All nonresidential street facades should shall be constructed of the following
materials:
1. Masonry including brick, stucco, architectural concrete, fiber-cement
siding or stone;
2. Wood;
3. Non-corrugated Metal (for beams, lintels, trim elements and
ornaments);
4. Corrugated metal (a maximum of 40% of a primary façade); or
5. Glass
g- • e_ - - - - - - - - --- - - ' - •-- - --
B. G Any side or rear wall facing a street, residential zoning district or public or
semipublic area shall consist of the same facing materials as the building front.
SECTION 8. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it 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 of this ordinance be
given full force and effect for its purpose.
SECTION 9. A violation of this ordinance, or requirements implemented under this ordinance,
constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the
UDC or Section 1-6 of the Corpus Christi Code of Ordinances.
SECTION 10. Publication shall be made in the City's official publication as required by the City's
Charter.
SECTION 11. This ordinance takes effect upon publication.
Page 6 of 7
That the foregoing ordinance was read for the first time and passed to its second
reading on this the rib- day of Seb,,,.,2019, by the following vote:
Joe McComb ,4-re Michael Hunter A--y‹,
Roland Barrera A Ben Molina
Rudy Garza Everett Roy frzie
Paulette M. Guajardo 47.E Greg Smith
Gil Hernandez c.
That the foregoing ordinance was read for the second time and passed finally on this
''
the �hday of c( e .Ve42019, by the following vote:
Joe McComb 47' Michael Hunter 471
Roland Barrera Ayte Ben Molina
Rudy Garza A1/ ' Everett Roy „ e
Paulette M. Guajardo e_ Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the ,A9fil day of Se -cam,-► , 2019.
ATTEST: 0�
R-"14e4L'IT"
Rebecca Huerta J. cComb
City Secretary .yor
EFFECTIVE DATE
7/3o Pi
031878
Page 7 of 7
. .
FINANCE DEPARTt�E��.
Meller Times
PART OF THE USA TODAY NETWORK 2019 OCT f 6 VI t; 10: 59
Certificate of NOTICE OF PASSAGE OF
ORDINANCE(S)
Publication NO.031877, Ordinance
NOTICE OF PASSAGE OF amending the Unified De-
ORDINANCE(S) velopment Code pursuant
N 0.031877, Ordinance to the annual review proc-
amending the Unified De- ess to allow automated car-
velopment Code pursuant washes in Neighborhood
to the annual review proc- Commercial zones with
CITY OF CORPUS CHRIS TI ess to allow automated car- limitations, allow heavy ve-
PO BOX 9277 washes in Neighborhood hicles service as accessory
Commercial zones with use for vehicle sales with
limitations, allow heavy ve- limitations, allow aggre-
CORPUS CHRISTI,TX 78469-9277 hides service as accessory gate storage at plant retail
use for vehicle sales with with limitations, allow cre-
limitations, allow aggre-
gate storage at plant retail with limitations, apply
with limitations, allow cre- with limitations, apply
STATE OF WISCONSIN matorium at funeral homes above ground fuel storage
with limitations, apply maximum for water-
)) above ground fuel storage oriented accessory use to
COUNTY OF BROWN) maximum for water- all commercial districts ex-
oriented accessory use to cept neighborhood
all commercial districts ex- commercial and office
I,being first duly sworn,upon oath depose and say that I cept neighborhood neighborhood zones, re-
commercial and office quire a minimum side yard
am a legal clerk and employee of the publisher,namely,the neighborhood zones, re- of not less than 10 feet, or
Corpus Christi Caller-Times,a daily newspaper published quire a minimum side yard less than adiacent lot's
at Corpus Christi in said Cityand State,generallycirculated of not less than 10 feet, or front or rear yard for cor-
p less than adjacent lot's ner lots, allow townhomes
in Aransas,Bee,Brooks,Duval,Jim Hogg,Jim Wells, front or rear yard for cor- in Multifamily 3 Districts,
Kleberg, Oak,Nueces,Refugio,and San Patricia, ner lots, allow townhomes remove minimum site area
g, 9 in Multifamily 3 Districts, requirement for townhome
Counties,and that the publication of which the annexed is a remove minimum site area district, clarify accessory
true copy,was inserted in the Corpus Christi Caller-Times requirement for townhome building structures total
p district, clarify accessory square footage limitation of
on the following dates: building structures total 50% of the main principal
square footage limitation of structure total square foot-
structure50% the main are foot age, and allow administra-
age, total square foot-
and allow administra- tive adjustment for mini-
September 30,2019tive adjustment for mini- mum setback under certain
mum setback under certain conditions; and providing
conditions; and providing for penalty.
On this September 30,2019,I certify that the attached for penalty. N 0.031 978, Ordinance
document is a true and exact copy made by the publisher: N 0.031878, Ordinance amending the Unified De-
amending the Unified De- velopment Code in response
velopment Code in response to Texas Legislative
to Texas Legislative changes to modify defini-
changes to modify defini- tion of industrial housing,
��j , (ffitt tion of industrial housing, modify historic landmark
modify historic landmark or Historic Overlay District
Le al Notice Cler or Historic Overlay District designation regulations in-
Legal designation regulations in-
cludingcluding consent and notice requirements, modify zon-
requirements, modify zon-
ing board of adjustment regulations including re-
regulations including re- ducing the time to appeal,
NotaryPublic,State of(4
sconsin,Cou of Brown ducing the time to appeal, and eliminate building ma-
and eliminate building ma- terial requirements for
terial requirements for cottage housing, facades,
�I cottage housing, facades, roofs, and island overlay;
roofs, and island overlay;
and providing for penalty. and providing for penalty.
These ordinances were These ordinances were
Notary Expires passed and approved on Passed and approved on
second reading by the second reading by the
Corpus Christi City Council Corpus Christi City Council
on September 24,2019. on September 24,2019.
/s/Rebecca Huerta /s/Rebecca Huerta
City Secretary City Secretary
0\l\111ililliiiiii
\\\‘ ,.t
"iio
Publication Cost.$334.80 J\;,. . j' '
�.` %
Ad No.0003812424 S
Customer No: 1243917 , OTAR)'
PO#: NO.031877, OPCS —
//1//,0 1111111\\�\�\