HomeMy WebLinkAbout032567 ORD - 10/12/2021Ordinance amending the Unified Development Code to establish tree
requirements in residential street yards for new construction within the City
and its extraterritorial jurisdiction, reducing impermeable surface allowed in
residential street yards, increasing open space requirements for residential
street yards, modifying landscaping requirements for residential districts;
modifying alternative compliance for landscaping; and providing for penalty.
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, a public hearing was held on Wednesday, September 1, 2021, during a
meeting of the Planning Commission when said Commission recommended approval of the
proposed UDC amendments, and with proper notice to the public, an additional public hearing
was conducted on Tuesday, September 21, 2021, during a meeting of the City Council, during
which all interested persons were allowed to appear and be heard;
WHEREAS, amendments are to promote public safety, enhance quality of life through
visual relief and facilitate development and redevelopment; 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. The recitals contained in the preamble of this Ordinance are determined to true and
correct and are hereby adopted as a part of this Ordinance.
SECTION 2. UDC Article 1 " General Provisions", Section 1. 11 Definitions, Subsection 1. 11. 3
Defined Terms is amended by adding the following language that is underlined (added) and
deleting the language that is stricken (deleted) as delineated below:
ARTICLE 1. GENERAL PROVISIONS
§1.11. Definitions
1.11.3 Defined Terms
Canopy Tree: see "Tree, Canopy"
* * * * * * * *
Tree, Canopy: Also referred to as a shade tree, is a A tree species designated as such in the
Tree List found in the Appendix to Section 7.3 §7.3, Appendix A of this UDC
Tree, Understory: May also be referred to as an ornamental tree, is a A tree species designated
as such in the Tree List found in the Appendix §7.3, Appendix A of this UDC.
* * * * * * * *
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032 567
SCANNED
Xeriscape: The conservation of water through common sense and creative landscaping
including good design, soil improvements, limiting lawn areas, use of mulch, use of low- water
use drought -tolerant plants, efficient use of water, and good maintenance techniques. More
detailed information of Xeriscape techniques and recommended plant material shall be included
in X7.3, Appendix A of the UDC.
* * * * * * * *
SECTION 3. UDC Article 4 "Base Zoning Districts", Section 4.2 Measurements, Subsection
4.2.5.E Single and Two-family Residential Parking, is amended by adding the following language
that is underlined (added) and deleting the language that is stricken (deleted) as delineated below:
ARTICLE 4. BASE ZONING DISTRICTS
§4.2. Measurements
4.2.5. Yards
* * * * * * * *
4.2.5.E Single and Two-family Residential Parking
1. The parking of vehicles shall be prohibited in any required street yard except on a paved
surface.
2. The cumulative area of any impermeable surface area located in the required street yard,
shall not exceed 70% 50% of the area of the required street yard.
* * * * * * * *
SECTION 4. UDC Article 7 "General Development Standards", Section 7.3 Landscaping,
Subsections 7.3.3 (Application), 7.3.5 (Landscape Handbook), 7.3.6 (Requirements for All Street
Yards), 7.3.12 (Measured Compliance) and 7.3.13 (Interior of Vehicular Use Areas), is amended
by adding the following language that is underlined (added) and deleting the language that is
stricken (deleted) as delineated below:
ARTICLE 7. GENERAL DEVELOPMENT STANDARDS
§7.3 Landscaping
7.3.3. Application
The landscaping requirements of this Section shall apply to building permits for the following:
A. New Development
1. New construction on property in all zoning districts, except RV, R MH or construction
of single and two family dwellings in any zoning district used solely for residential
purposes except for properties located in either the RV or R -MH districts, both of which
are subiect to separate and distinct design criteria in the UDC;
2.. Landscape plans submitted as part of the site plan commercial building permit
application shall be signed and sealed by a Texas Registered Landscape Architect or
certified nursery man professional. Landscape requirements within this Scction are
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effective for a building permit application and certificate of occupancy submitted on or
Pursuant to Chapter 215 of the Local Government Code, this Section shall not
be applicable to a valid building permit application or valid certificate of
occupancy application submitted prior to July 31, 2011.
b. A valid building permit application and/or certificate of occupancy submitted prior
to July 31, 2011, shall be subject to the prior Landscape Requirements Ord.
20986, 9/14/1990; Ord. 21767 9/28/1993; Ord. 23905, 1/11/2000; Ord. 23939,
tee . .
e1 . e !e•
e a. For one- and two-family residential building permit applications, proposed site
landscaping and supporting information may be indicated on a site plan in lieu of
providing a full landscape plan. Content and information to be provided on the
site plan shall be at the discretion of the Director of Development Services or
designee.
B. Existing Development
All property with existing development on July 31, 2011 which is not in compliance with the
such time as a building permit is granted whereby:
t Construction, or alteration within the street yard results in either of the following:
a. Any increase in ground level area by 1,000 square feet or more of existing
structures up to 10,000 square feet, or any increase in the floor area by 10% or
more of existing structures greater than 10,000 square feet. However,
destruction of more than 50% of an existing nonconforming structure as defined
by Section 9.4, whose reconstruction does not qualify for an exception under
§9.2.1.E of this UDC, shall comply with all landscape requirements and be
treated as new development. If destruction is less than 50%, compliance shall
not be required unless the ground level floor area is increased beyond the 1,000
square feet or 10% area set forth; or
b. Any buildings subsequently added within the street yard.
c. Any demolitions and subsequent one- or two-family redevelopment of a
residential property that is exempted under §9.2.1.E and/or §9.5.2 of this UDC
may be eligible for a reduced tree planting requirement up to 50% of the
requirement.
* * *
*
7.3.4 Alternative Compliance
The Board of Adjustment Assistant City Manager of Development Services or designee may
approve alternative compliance with Section 7.3 in special cases where there are practical
difficulties with the development of a site to strictly comply with the requirements of this Section.
Pursuant to Section 3.27 of this UDC, the determination of the Assistant City Manager of
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Development Services or designee may be appealed with the Board of Adjustment. The following
guidelines shall be used by the Board of Adjustment Assistant City Manager of Development
Services or designee to determine if alternative compliance may be approved:
A. That satisfying the requirements of this Section would prohibit an owner of property from
using land for a use that this Unified Development Code expressly permits;
B. That the practical difficulties of meeting the requirements of this Section are unique to
that property, and not general in character;
C. That the alternative compliance will not adversely affect: the adjoining property; the
health, safety and welfare of the general public; the purpose and intent of this Section;
or the Comprehensive Plan; and the alternative compliance is done in the public
interest.
D. Financial hardship due to meeting the requirements of this Section is not sufficient for
alternative compliance.
7.3.5. Reserved
Handbook every five years or earlier and make the same available to the public. The Handbook
suggested guides for landscaping in accordance with the provisions of this Code.
7.3.6. Requirements for M -Street Yards
The following landscape requirements shall be achieved for applied to each respective zoning
category, except for single and two family residential uses and Manufactured
Home and Recreational Vehicle Park districtG.
A. Farm -Rural (FR), Residential Estate (RE), Single Family 1, 2, 3, 4, Townhouse,
Two Family, Multifamily 1, 2, 3 Single-family (RS -4.5, RS -6, RS -10, RS -15 and RS -22),
Two-family (RS -TF), and Townhouse (RS-TH) Zoning Districts.
Except as noted elsewhere, the minimum required landscaped ar a is 30% of the
total street yard. The street yard shall be landscaped with plant material to achieve a
required by this subsection. For FR, RE, all RS, Townhouse and Two-family zoning districts,
except as noted elsewhere, the minimum required open space shall be 50% of the
total street yard. Open space shall consist of ground cover and free of any impervious
material.
1. For new single- and two-family residential construction, the following minimum number
of street yard trees shall be installed prior to the issuance of a Certificate of
Occupancy/Completion:
a. RS -4.5 and 6 zones and RS-TH zones, two canopy trees or one canopy tree and
one understory tree;
b. RS -10 and 15 zones and RS -TF zones, two canopy trees;
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c. RS -22 zones, three canopy trees;
d. RE zones, four canopy trees;
e. FR zones, five canopy trees;
f. Within the City's Extra -territorial Jurisdiction (ETJ), residential properties that are
not intended for multi -family housing shall abide by the following schedule:
(1) Properties 0.50 -acre to one acre in size, three canopy trees;
(2) Properties greater than one acre in size, four canopy trees;
2. Required street yard trees shall be planted outside of any recorded or prescriptive
easement and in a manner that maintains a minimum 5 -foot diameter clear space ring
that is centered on the tree planting to ensure that on -premise utility lines or building
foundations are not compromised due to root spread.
3. All required street yard trees shall be in accordance with the approved plant list
outlined in Appendix A.
4. All residential sites shall abide by section 7.3.6.A.1 except if the predominant soil is
sandy loam. In this scenario, a palm tree with a minimum trunk height of five feet may
be planted to meet the requirements of this section.
B. Neighborhood Office, Neighborhood Commercial, General Commercial, Intensive
C.
The minimum required landscaped area is 15% of the total street yard. The street yard shall
total Street yard area. For RM -1, RM -2 and RM -3 Multifamily Districts and the RM -AT
Multifamily AT District, except as noted elsewhere, the minimum required landscaped
area shall be 30% of the total street yard. Open space shall consist of ground cover and
free of any impervious material. The street yard shall be landscaped with plant material to
achieve a minimum of 0.06 points per square foot of total street yard area. Multi -family
residential uses within commercial zones shall provide the minimum required landscape
area and points as required in this subsection.
Neighborhood Office, Neighborhood Commercial,
General Commercial, Intensive Commercial, Central Business Zoning Districts.
The minimum required landscaped area is 15% of the total street yard. The street yard shall
be landscaped with plant material to achieve a minimum of 0.02 points per square foot of
total street yard area.
D. Dice *, lsts Resort Commercial Zoning District
1. In a Resort Commercial District, the minimum required landscaped area is either
80% of the entire area within the required street yard setback or 100% of the street
yard setback area exclusive of driveway approaches, whichever is the less. The
area shall be landscaped with plant material to achieve a minimum of 0.15 points
per square foot of the area within the required street yard setback. The area within
the remaining street yard is required to have a minimum of 15% landscaped area
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and shall achieve a minimum of 0.02 points per square foot of the remaining street
yard. Each of these landscape areas and point requirements shall be calculated
and complied with separately.
2. In a Resort Commercial District for any use other than a single-family or two-family
residential use, if the lot or parcel does not abut a local street, the minimum
required landscaped area is either 80% of the entire area within the required street
yard setback or 100% of the street yard setback area exclusive of driveway
approaches, whichever is the less.
3. In a Resort Commercial District, any use other than a single-family or two-family
residential use, if the lot or parcel abuts a local street, shall include a 20 -foot
landscaped setback area with a 6 foot stucco -type fence, required
by Section 6.4.7, behind the landscaped setback area. The minimum required
landscaped area is 100% of the entire area between the right-of-way line and the
required stucco -type fence. The area shall be landscaped with plant material to
achieve a minimum of 0.20 points per square foot of the area between the side
yard property lines, the fence, and the local street right-of-way. A canopy
tree listed in the Plant List shall be planted in the designated landscape areas
every 30 feet on center.
E. Business Park, Light Industrial, Heavy Industrial Zoning Districts
The minimum required landscaped area is 15% of the total street yard. The street yard shall
be landscaped with plant material to achieve a minimum of 0.02 points per square foot of
total street yard area. When a building site is used for uses permitted only in the Heavy
Industrial District, the site may alternatively have a continuous screen
of trees and shrubs planted adjacent to property lines abutting non -industrial zoning
districts and street frontages so that such site is totally screened from all such zones and
streets. The trees and/or shrubs shall be of a variety that will mature to at least 8 feet in
height. This planting shall not be provided within the visibility triangles of driveways or
streets.
7.3.12. Measured Compliance
The following point schedule and requirements apply in all zones to ground planted with
established perennial plants in landscaped areas. New or existing plants which are larger than
the maximum size listed shall not be credited with additional points. See the cape
Handbook Appendix A for the Plant List.
* * * * * * * *
D. Existing Trees
Healthy existing trees 2 1_5 inches in caliper or greater and healthy existing palms of a
minimum 2 5 feet trunk height achieve the same amount of points as indicated in point
schedules.
* * * * * * * *
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7.3.13. Interior of Vehicular Ucc Arca., Required Tree and Shrub Plantings
A. All trees in the interior of vehicular use areas shall be 2 2/12' caliper size or
greater. All trees within the vehicular use areas of either non-residential or multi -family
properties shall be 2.5 -inches caliper in size or greater.
B.
height. All trees within one- and two-family residential street yards shall be 1.5 -inches
caliper in size or greater.
C. All palms within one- and two-family residential street yards shall be a minimum of 5 -foot
trunk height, while all palms within in the interior of the vehicular use areas of either non-
residential or multi -family properties shall be a minimum of 7 -foot trunk height
D. Minimum three -gallon container size shrubs are required for all required effective visual
screens for vehicular use areas.
* * * * * * * *
7.3.17. Maintenance and Inspection
B. The installation of Landscape material, as shown on the approved landscape plan, shall
be certified by the property owner's Landscape Architect, Certified Nursery Professional,
or registered professional engineer, and shall be inspected and approved by the Assistant
City Manager of Development Services prior to the issuance of a certificate of occupancy.
Landscape installation may be delayed for up to six months during a declared natural
disaster or demonstration of supply chain interruption. Any extension beyond six months
requires approval by the Board of Adjustment.
F. All residential structures constructed after October 1, 2022, in single-family, two-family,
and townhouse districts are required to have the required landscaping per Section 7.3.6,
A. of this UDC.
7.3.18 Enforcement
A. The Assistant City Manager of Development Services or designee shall review each
landscape plan submitted to determine if it complies with the requirements of this Code
and other applicable sections of the Municipal Code. All landscape plans must comply
with the mandatory requirements for the site. However, effective October 1, 2021, all new
single and two-family residential building permits may be subject to abbreviated
landscaping requirement of one canopy tree or one understory tree within the street yard
at a minimum size of a one inch caliper until October 1, 2022.
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C. If the required landscaping is not submitted, the landscape inspector may, when
demonstrated extenuating circumstances prevent the installation of landscape
improvements, issue a temporary certificate of occupancy. The owner of the property will
have a period of 90 days to provide the necessary landscaping to meet the requirements
of this Code for commercial building permits, as shown on the approved landscape plan
or a revised landscape plan shall be submitted for review and approval.
SECTION 6. 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 6. Publication shall be made in the official publication of the City of Corpus Christi as
required by the City Charter of the City of Corpus Christi.
SECTION 7. This Ordinance shall become effective upon publication.
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That the foregoing Ordinance w s red for the first time and passed to its second reading on this
day, the jl'St day of +km ( , 2021, by the following vote:
Paulette Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
That tlie foregoing Ordin n e w read for the second time and passed finally on this day, the
�� day of OC; ()� , 2021, by the following vote:
Paulette Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
PASSED AND APPROVED on this day, the 1 i day of CSC-taW , 2021.
ATTEST:
Reb•cca Huerta Paulette Guajardo
City Secretary
i
EFFECTIVE DATE
_____L-E.:LaH
Mayor
9
0325f! 1
•
• ' Caller Times
PART OF THE USA TODAY NETWORf:
!V
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Certificate of 0
r,
Publication -"+
IV
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NOTICE OF PASSAGE OF Mo
ORDINANCE(S)
CITY OF CORPUS CHRIS TI -SECRETARY NO. 032564, Ordinance10
rezoning a property at or
PO BOX 9277 near 4121 Waldron Road 0
from the "FR" Farm Rural 4"'
District to the "RE" Estate
CORPUS CHRISTI, TX 78401 Residential District;
NO. 032565, Ordinance
rezoning property at or
near 3413 South Staples
Street from the "ON"
STATE OF WISCONSIN) Neighborhood Office
)) District to the "CN-1"
Neighborhood Commercial
COUNTY OF BROWN) District;
NO. 032566, Ordinance
rezoning property at or
I, being first duly sworn, upon oath depose and say that I near 3617 Violet Road from
am a legal clerk and employee of the publisher, namely,the the "FR" Farm Rural
District to the "RS-22"
Corpus Christi Caller-Times,a daily newspaper published Single-Family 22 District;
at Corpus Christi in said City and State,generally circulated NO. 032567, Ordinance
amending the Unified De-
in Aransas, Bee, Brooks, Duval,Jim Hogg, Jim Wells, velopment Code to estab-
Kleberg, Live Oak, Nueces, Refugio,and San Patricio, lish tree requirements in
residential street yards for
Counties,and that the publication of which the annexed is a new construction within the
true copy,was inserted in the Corpus Christi Caller-Times City and its extraterritorial
jurisdiction, reducing im-
in the following issue(s)dated: permeable surface allowed
in residential street yards,
increasing open space re-
quirements for residential
street yards, modifying
landscaping requirements
10/18/2021 for residential districts;
modifying alternative com-
pliance for landscaping;
On this October 18,2021, I certify that the attached and providing for penalty.
document is a true and exact copy made by the publisher: These ordinances were
passed and approved on
second reading by the
‘g,ji Corpus Christi City Council
on October 12,2021.
/s/Rebecca Huerta
City Secretary
Legal Notice Clerk
I .i.A....iii.
No .- 'ublic, State of Wisconsin, County of Brown
7)7-'7J25
Notary Expires
Publication Cost:$232.95 flotary. p .biL1
Ad No:0004957992Customer No: 1490432 ,uifPO#: 032564g
Of VlISCGr1
#of Affidavits1 .^in
This is not an invoice
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