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HomeMy WebLinkAbout023905 ORD - 01/11/2000AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 13, B- 2A BARRIER ISLAND BUSINESS DISTRICT AND SECTION 27B- 7.01.C. RELATING TO USES ALLOWED IN THE DISTRICT AND STREET YARD REQUIREMENTS; PROVIDING FOR SEVERENCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 27, 1999, during a meeting of the Planning Commission, and on Tuesday, December 14, 1999, 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 revising Article 13, B-2A Barrier Island Business District, to read as follows: "ARTICLE 13. "B-2A" BARRIER ISLAND BUSINESS DISTRICT REGULATIONS "Section 13-1 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-2A" Barrier Island Business District. This district provides for a wide variety of business, commercial, and indoor/outdoor amusement uses which reflect the character of a resort area. Certain conditions shall be imposed which will preserve the characteristic nature of a barrier island of scenic and economic importance to the City. Except as provided b~v Section 13-2, this Th!__. district prohibits outdoor storage of any good.~,~ ....... "Section '13-2 Use Regulations. A building or premises shall be used only for the following purposes: "(1) Any use permitted in the "A-2" Apartment House District. "(2) Aquarium. "(3) Auditorium or gymnasium, or other amusement place in an enclosed building. 023905 Z13B2AR4.doc 3 "(20)(25) All outdoor signs shall be used to advertise the principal business or activity conducted on the premises. No portable signs are permitted. No sign shall be permitted regardless of size, which revolve, move, flash, or make noise. No agency of the City of Corpus Christi may grant a variance, exception, or take any action which would permit a sign to be erected in excess of the size provided herein or different from the provisions contained herein. "a) Freestanding Signs One freestanding sign shall be permitted on a site not exceeding sixty (60) square feet in area, thirty (30) feet in height or project above the roof line, and shall not occupy the required twenty (20) foot front yard. For a site with more than five hundred (500) feet of frontage, measured along the longest street, an additional freestanding sign not exceeding sixty (60) square feet may be permitted. "b) Wall Signs "All wall signs shall be attached flat against the wall, shall not project more than eighteen (18) inches from the wall and shall not project above the roof line of the building. No sign shall exceed one hundred (100) square feet, except that for each one (1) foot of lot frontage in excess of one hundred (100) feet, one (1) additional square foot of sign area shall be permitted, provided the total sign area on one lot(s) shall not exceed one hundred fifty (150) square feet. "c) Wall Signs (Shopping Centers) "Each tenant may erect, on the face of the building, or hang from a canopy or overhang, one (1) square foot of sign for each front foot of tenant space that is occupied by the same tenant. No additional freestanding or temporary signage is permitted. "d) Banners not exceeding twenty (20) square feet may be permitted for a period not to exceed thirty (30) days from the time of certificate of occupancy. "e) Commercial Real Estate Signs "Any lot or other area greater than one lot under one ownership may erect one (1) sign on each street frontage, setback from the front property line twenty (20) feet and shall not exceed sixteen (16) square feet. Z13B2AR4.doc 4 "(21)(26) "(22)(27) "(23)(26) "(2-I)(28) "(25) Theater or amphitheater. Veterinary clinics, but no open kennels shall be permitted. Accessory buildings and uses, except the outside storage and outside sales area are not permitted. Promotional events, subject to the special conditions set forth in Article 27A, Section 27A-2 of this Ordinance. "Section 13-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. "Section 13-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. "Section 13-5 Height and Area Regulations. The height and area requirements shall be as set forth in the chart of Article 24, and in addition, the following requirements shall apply: "13-5.01 Except as authorized in Section 27B-9.A.1, no Ne=building, fence, structure, or sign shall be permitted in front yard area as set forth in Article 24. "Section 13-6 Supplementary height and area regulations are contained in Article 27. "Section 13-7 Access Restrictions. No direct access to a local street is allowed, except for uses permitted in the "A-2" Apartment House District." "Section 13-8 Screening Requirements "13-8.01 Any buc,~ss-use, other than a use authorized in an A-2 Apartment District, if adjacent to a local street, shall include a twenty foot landscaped setback area with '-'--'*; ....... a ............ six foot stucco finish fence, described in § 13-8.03, "*v. _.."" ..v.,~ ..... *""",~..~ behind the landscaped setback area. ~''''~' ~ .... ;- '~'~-~"""'~ "- -* ..... (A) The stucco fence shall extend the width of the lot and for a distance of fifteen (15) feet along the side lot lines. Z13B2AR4.doc 5 (B) The remainder of the side lot line must be fenced with either a "13-8.02 stucco fence of the same design or a standard six (6) foot wood screening fence. If any use, other than a use authorized in an A-2 Apartment District, is adiacent to a lot that has access only to a local street, then the rear lot line must be fenced with either a stucco fence as described "13-8.03 in § 13-8.03 or a standard six (6) foot wood screening fence. The six (6) foot stucco finish fence must be of an ivory tone and designed as stucco plaster on one of the following: (A) (B) Concrete masonry units, %" or greater cement board and treated wood structure, or (C) Pre-cast panels and concrete columns. "13-8.04 The following uses must be screened along the front lot area and for a distance of fifteen (15) feet along the side lot lines with a stucco type fence described in Section !3 8.0! 13-8.03, The remainder of the side lot lines and the rear lot lines adioininq lots that only have access to a local street, must be fenced with either a stucco fence of the same design or a standard wood screening fence: (A) Boat and RV storaqe, including outdoor boat and RV storage. (B) Mini-storaqe, enclosed. "Section 13-9 Landscaping Requirements "13-9.01 The andscap ng requirements are in Section 27B-7.01C. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Section 27B-7.01.C. to read as follows: Z13B2AR4.doc "Section 27B-7 - Requirements for All Street Yards: "27B-7.0~1 The following landscape requirements shall be achieved for each respective zoning category, except for single and two-family dwellings, schools, colleges, churches, public buildings, public and private parks, golf courses, and other similar public and semi-public uses. Required landscaping for the above uses, excluding single and two-family dwellings, in any zoning district shall be achieved per Section 27B-9.A.3. 'C. "B-2," "B-2A" ZONES "1. In a B-2, the ;Pp~minimum required landscaped area is either 80 percent of the entire area within the required front yard setback or 100 percent of the front 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 front yard setback. The area within the remaining street yard is required to have a minimum of 15 percent landscaped area 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 B-2A district for any use other than a single or two family dwellin¢~, if the lot does not abut a local street, the minimum required landscaped area is either 80 percent of the entire area within the required front yard setback or 100 percent of the front yard setback area exclusive of driveway approaches1 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 front yard setback. The area within the remaining street yard is required to have a minimum of 15 percent landscaped area 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. Z13B2AR4.doc 7 In a B-2A district any use other than a single or twn family dwellinq, ~f __, ....... o the lot abuts a local street, shall include a twenty foot landscaped setback area with a """*; ....... ' ¢'";"~' type ............ slx foot stucco fence, required by Section 13-8, v .... ' ..... behind the landscaped setback area. The minimum required landscaped area is 100 percent of the entire. area-between ~the riqht-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 trees listed in Section 27B- 14.03 shall be planted in the desiqnated landscape areas every 30 feet on center." SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new subsection 27B-14.03 to Section 27B-14 to read as follows: Section 27B-14 Preferred Plant List. Landscape plants have been classified for local desirability according to the amount of litter they produce, their ability to withstand prevailing winds, compatibility with overhead and underground utilities and have been proven locally. It is important to note that not all of these plants can be used throughout the Corpus Christi area. Specific plant selection should be made after a thorough analysis of each site considering prevailing wind, salt spray, soil type and hydrology, shade or sun situation and size of plant at maturity. Plants qualified for inclusion in the Preferred Plant List are as follows: 27B-14.03. Canopy Trees Scientific Name Common Name Carya illinoensis Pecan Casuarina cunninghamiana Cupressus arizonica Australian Pine Arizona Cypress Ehretia anacua Anaqua Fraxinus berlandieriana Mexican Ash Fraxinus velutina Arizona Ash Ilex decidua Possumhaw Holly ZI3B2AR4.doc Melia azedarach "umbraculaformis" Texas Umbrella Tree Pinus eldarica Pithecellobium flexicaule Prosopis spp. Quercus virginiana Sapindus drummondii Taxodium distichum Ulmus crassifolia Ulmus parvifolia Afghan Pine Texas Ebony Mesquite Live Oak (nursery grown) Western Soapberry Bald Cypress Cedar Elm Chinese Evergreen Elm SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a definition for "mini-storage, enclosed", as subsection 3-1.48.4, to read as follows: "ARTICLE 3. DEFINITIONS "Section 3-1 Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance and none other certain terms and words are hereby defined as follows: "3-1.48.4 Mini-storage, enclosed. Temporary storage of personal goods for holding or safekeeping in a depository, containing individual or separate bays not exceeding three hundred (300) square feet in area. Such storaqe buildinq or buildings shall not exceed one (1) story in heiqht. SECTION 5. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, 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 6. 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. Z13B2AR4.doc 9 SECTION 7. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 8. 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 9. 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. Z13B2AR4.doc 8 That the foregoing or(~i~'~.nce was rea~p~o[ th.e~ first ~me and passed to its second reading on this the \u~'¥~'~l?~o,f. ~ ~99, by the following vote: Samuel L. Neal, Jr. ~/t-,L4~ ~ Rex A. Kinnison Javier D. Colmenero ~ ~ BeVy Jean Longoria Melody Cooper ~_~ . John Longoria Hen~ Garre~ ~_~ Mark Sco~ That th~Joreooin~ ordinance was read fo tho second time and passod finally on this Javier D. Colmenero ~ BeVy Jean Longoria Melody Cooper ~ ~ John Longoria Henry Garrett / ~L,~,~, Mark Scott Dr. Arnold Gonzales / .,L~x,v--~ PASSED AND APPROVED, this the ~_~"day of--0~1 ATTEST: City Secretary APPROVED: '~./-4 .dayof ['~c~_,,,~e,,- ,1999: ,1999. Mayor, The City of Corpus C~risti James R. Bray, Jr., City Attorney By: ,,~,~,~ R.,,J~y~e~ A~sist~nt City Attorney 023905 ZART13B2A.DOC PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS: CITY OF CORPUS CHRISTI Ad # 3294603 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice- President and Chief Financial Officer of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, dim Hogg, dim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Chffsti Caller- Times and on the World Wide Web on the Caller-Times Interactive on the 17TH ~ C,,,___~,,,_' Js~s~/~L 200~ Vice-President and Chief Financial Officer TWO (2) Time(s) NOTICE OF PASSAGE OF ORDINANCE NO. 023905 Amending the Zoning Ordinance by revising Anicle 13, 'B-2A" Barrier Island Business District and Section 27B-7.01 .C. relating to uses allowed i~ the District and street ordinance was Imissed and appreved by the City Council of the City of Corpus Christi on January 11, 2000. /s/Armando Chapa City Secretary City of Corpus Christi Subscribed and sworn to me on the date of JANUARY 18, 2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.