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HomeMy WebLinkAbout023939 ORD - 02/08/2000AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 12A. "B-1A" NEIGHBORHOOD BUSINESS DISTRICT; BY DEFINING ADULT DAY CARE FACILITY; BY AMENDING ARTICLE 24. HEIGHT, AREA & BULK REQUIREMENTS BY ADDING A ROW FOR THE "B-1A" DISTRICT; BY AMENDING ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA & BULK REQUIREMENTS BY ADDING "B- tA" TO THE DISTRICTS ELGIBLE FOR HEIGHT MODIFICATIONS IN SECTION 27-2.02; AND BY AMENDING ARTICLE 27B. LANDSCAPE REQUIREMENTS BY AMENDING SECTION 27B-7 STREET YARDS BY ADDING B-IA TO THE ZONES LISTED IN PARAGRAPH B OF SECTION 27B-7.0'1; PROVIDING FOR SEVERANCE; 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, January 25, 2000, 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 adding Article 12A B-1A Neighborhood Business District, to read as follows: "ARTICLE 12A. "B-1A" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS "Section 12A-'1 The requlations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the requlations in the "B-1A" Neighborhood Business District. The purpose of this district is to create a pedestrian oriented neiqhborhood with compatible commercial uses, preserve community aesthetics aloncl city streets, and to protect and enhance traffic flow on city streets. This district provides primarily for retail shoppinq, personal service and office uses for a sinqle lot or multi-lot development to serve the needs of a residential neiqhborhood. This district is intended for use where conversion of residential uses to non-residential uses is occurrinq on arterial and collector streets. This district is qenerally not intended for use where the only H:\I,EG-DII~,\VERONIt'A\DI)CUR'IIS\MYI)OCS\2000\I'&ZONING28XZI2ABIA9.1)OC Last saved by Doyle Curtis, Legal, on 02/02/00 al 5:00 P.M 023939 2 access will be a local residential street. Uses not expressly permitted in this ordinance are not allowed. Section 12A-2 Use Re~lulations, A building or premises shall be used only for the followinq or similar purposes: (1) Single-family dwellinqs other than manufactured homes. (2) Two-family dwellinqs. (3) Multiple-family dwelfinqs. (4) Offices - medical and non-medical offices, provided no machinery or equipment shall be contained in a manufactured or modular structure, recreational vehicle, or trailer. (5) Clinics (6) Child care homes (7) Child care centers - Outdoor play areas abutting residential uses shall be screened with siqht obscuring fence, wall, or hedqe with a height of not less than six (6) feet. (8) Adult day care centers Public infrastructure, utilities, and accessories, not includinq electrical transfer stations or solid waste transfer stations. (10) Personal services barber shops, beauty or hair stylist shops, banks (no drive-throuqh teller windows), copV shops, photoqraphic or artists' studios including the teachinq of art, music, dancinq or other artistic instruction, messenqer services, newspapers or teleqraDhic service stations, dry cleanincl receivinq stations (pick-up/drop-off only) custom dressmakinq and tailorinq not involvinq a factory, shoe repair, household appliance repair and small enqine repair (not to exceed five (5) horsepower), self-service laundries custom cleaning shop not involvinq bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales. H:\LEG-D1R\VERONICA\DI)CUR]'IS\MYI)OCSX2000\I,&ZONING28XZI2ABIA9.DOC Last saved by Doyle Curtis. Legal. on 02/02/00 at 5:00 PM 3 Restaurants without alcoholic boveraqoc. Retail - retail sales includinq: a. florist shops and qreenhouses in connection with these shops, b. household convenience shoppinq items; c. additional uses may also include merchandise display rooms, d. automotive parts with no service bays. (Excluded uses: pawnshops, liquor store, fueling, wholesale on-site slauqhterinq of animals, shuckinq of oysters or processinq of fish.) (13) Parkinq lots (14) AccessoN structures and uses not including outside storaqe and outside sales areas. Section t2A-3 Siqn Requlations. 12A-3.1 Detached/freestandinq signs: a) One on-premise detached/freestandinq or monument siqn, excludinq directional siqnaqe, for each street frontaqe alonq an expressway, frontaqe road, arterial, or collector street. b) The permitted siqn area of thirty (30} square feet per siqn or one- quarter (1/4) square foot for each linear foot of frontaqe alonq an expressway, frontage road, arterial, or collector street, whichever is greater. In no event shall each sign exceed a siqn area of fifty (50) square feet. c) Each siqn may be permitted a heiqht not to exceed fifteen (15} feet. d} Siqns must maintain a setback of at least ten (10} feet from all abuttinq public riqhts-of-wav lines. e) Each detached/freestandinq siqn must be oriented toward the expressway, frontage road, arterial, or collector street and away from the local residential street. 12A-3.2 Wall siqns are permitted in addition to the detached/freestanding siqns provided they comply with the followinq conditions: H:\LEG-DIR\VERONICA\DDCURI'IS\MYDOCSL2000\P&ZONING28kZ 12AB 1A9DOC Last saved by Doyle Curtis, Legal, on 02/02/00 at 5:00 P M 4 a) Sign must be attached flat against the wall of the building, must not project more than eiqhteen (18) inches from the wall of the buildinq and must not project above the eave or parapet of the building. b) One square foot of siqn area for each linear foot of wall frontage with a door for public use. c) The wall siqn must not face the adjacent residentialIv zoned property, unless the sjqn is at least fifty (50) feet from the property line or the adiacent property is developed with nonresidential use and shall not utilize or incorporated flashinq, movinq or intermittent illumination. 12A-3.3 Illumination of siqns: Illuminated signs shall be internally illuminated or backlit. 12A-3.4 Roof and portable siqns are not permitted. Section 1;2A-4 Parking Regulations. The parkinq requlations for permitted uses are contained in Article 22, and in addition the following regulations shall apply: 12A-4.1 Shared Access and Parkincl: City shall allow a twenty (20) percent reduction in the required number of parking spaces for a premises served by a shared access and parking agreement, if each agreement results in a reduction of allowable driveway approaches. The agreement must comply with Section 22-3.02. In the event the agreement is terminated, each development must comply with the parking requirements in force at the time of termination. The aqreement must be filed in the Nueces County Deed records. Section 12A-5 Off-street Loading Regulations. The off-street Ioadinq requlations for permitted uses are contained in Article 23, and in addition the following regulations shall aDDIV: 12A-5.1 Delivery and Ioadinq areas shall not be located within fifty (50) feet of a property line abuttinq a residential district. Section 12A-6 Height and Area Regulations. The heiqht, area, and bulk requirements shall be as set forth on the chart in Article 24. Section 12A-7 Supplementan/Height and Area Reclulations. Supplementan/Heiqht and Area Regulations are contained in Article 27. Section 12A-8 Supplementary Landscaping! Re.clulations. In addition to the landscape requirements in Article 27B, the followinq supplemental regulations shall apply: H:\LI!G-DIR\VERONICA\DDCURTIS\MYDOCSL2000\P&ZONING,28~Z12ABIA9DOC Last saved by Doylc Curtis, Legal, on 02/t12/0fi aI 5:00 PM. 5 12A-8.1 Landscapinq shall be required for existinq structures when convertinq from a residential use to a non-residential use reqardless of any chanqe in vehicular uses areas. 12A-8.2 Multiple-family residential, office or commercial uses backinq up to a sinqle-family residential district shall require canopy trees to be planted on 30' centers and with a minimum caliper of 2" along and inside the required rear setback, but not within a utility easement. 12A-8.3 Require tree plantinq at 30 foot center in all front yards 12A-8.4 Increasinq the landscapinq points to 0.04 points per square foot of street yard as outlined in Section 27B-7 (not includinq supplementary requirements) would allow an increase in the Floor Area Ratio by 0.1. Section 12A-9 Supplementan/Site Design Requlations. 12A-9.1 All exterior liqhtinq shall be directed and shielded away from adjacent residences and public riqhts-of-wav. 12A-9.2 Restaurants in this district shall not have drive-throuqh windows and must have direct access to an expressway, frontaqe road, or arterial, with no direct access to a collector or local street. The kitchen, service area, trash receptacles, or grease traps must be no closer than fifty (50) feet from any adiacent residential district. 12A-9.3 Hours of operation including loading and unloadinq of supplies or merchandise for commercial uses shall be limited between the hours of 6:30 a.m. and 10:00 p. m. when abuttinq a sinqle-family residential district. 12A-9-4 A six (6) foot hiqh masonry fence shall be required where abuttinq a residential district." SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 3. Definitions by adding Section 3-1.01(c), to read as follows: "ARTICLE 3. DEFINITIONS "3-1.01(c) Adult Day Care Facility. A facility that provides care or supervision for five or more persons 18 years of aqe or older who are not related by blood, It:\LEG-DIR\VERONICA\I)DCURTIS\MYDOCSX2000\P&ZONING28~ZI2ABIAgDO(' Last saved by Doylc Curtis, Legal, on 02/02/00 at 5:00 P.M. 6 marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers. (i) (iii) This use may include an outdoor recreation area and separate access from the main buildinq to the recreation area. This use must comply with statutory licensinq requirements. The persons beinq cared for or supervised under this use may not use the facility as a residence." SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Section 24-1 by placing a row for the "B-1A" Neighborhood Business District between the "AB" Professional Office District and the "B-1" Neighborhood Business District to read as follows: "ARTICLE 24. HEIGHT, AREA AND BULK REQUIREMENTS Section 24-1 Height, area and bulk requirements for various districts shall be as indicated in the chart below together with other height, area and bulk requirements contained in Article 27, appropriate zoning districts and other articles contained in this ordinance. Article Maximum Minimum Minimum Maximum Maxim~lm yard Height Depth of Side'* and Sq, Feet Root Number of Open District Front Rear Yards Floor Area Area Units Per Space Feet Storie Yard in in Feet Per Acre of Factor Acre of Lot (in % of s Feet Lot Area Area Total Lot Area) IB-1A" 36' unless 20 0 unless 26, 140 sq ft W~th collector or higher access W~th aderlal or Neighbe adiacent to adjacent to a 0 5 excJuslve ac°~ss from a higher access rhoocf resider~tia~ district res~dentja~ local street then 03 36 units per Busrnes then 26' d~stnct then a acre otherwise 20% Minimum Space Minimum LotArea Sq. Feet (Acres) 10,000 lo0' H:\I,IZG-DI RNVERONICA\DI)CUR'I IS\MYDOCSL200(gP&ZONING.2g%Z 12AB I A9.DOC Last saved by Doyle Curtis, Legal, on (12/02/00 at 5:f~0 PM SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Section 27-2.02 (by adding "B-1A" to the districts eligible for height modifications), to read as follows: "ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA AND BULK REQUIREMENTS "Section 27-2 Modification of Heiqht Requlations "27-2.02 Public, semipublic, or public service buildings, hospitals, institutions, or schools, when permitted in an "R-1A", "R-1B", "R-1C", "R-2", "A-I", "A-1A", "A-2", "AB", "B-I", or "B-1A' District may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet when the required side and rear yards are each increased by at least one foot for each one foot of additional building height above the height regulations for the district in which the building is located." SECTION 5. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Section 27B-7.01 .B. (by adding "B-1A" to the list of zones), to read as follows: "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. "B. "AB", "B-I"~ "B-1A", "B-3", "B-4", "B-5", "B-6" ZONES The minimum required landscaped area is 15 percent 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 to total street yard area." II:\LEG-DIR\VERONICA\I)DCURTIS\MYDOCS~2000\I'&ZONING28XZI2ABIA9.DOC Last saved by Doyle Curtis, I~egal, on 02/02/00 at 5:00 P M 8 SECTION 6. 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 7. 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 8. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 9. 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 10. 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. FI:\LEG-DIR\VERONICA\I)DCtJR'IIS\MYDOCSX2~)00\P&ZONING28XZ12ABIA9.DOC Last saved by Doy[e Curtis, Legal, on 02/02/00 at 5:00 P M. 9 That the foregoing ordinance was read for the first time and passed to its second reading on this the 25th day of January, 2000, by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott That tb. foregoing/ordinance was read for the second time and passed finally on this the ~;"~lay of 7F:-VOV LtL:L~"~r!~)~ ,L2L000, by the following vote: ~ PASSED AND APPROVED, this the da of( C ~ U (L I,'L%~ 2000. ATTEST: City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM: JANUARY 19, 2000: H:\LEG-DIR\VERONICA\DDCURTIS\MYDOCSL2000\P&ZONING28XZI2ABIASDOC 023939 PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS: CITY OF CORPUS CHRISTI Ad # 3326945 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, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE which the anneveR i~ ~ ,n,,- r-n,~,, was inserted in the Corpus Christi Caller- day(s) o: TWO {2. $89.14 OF ORDINANCE Amending the Zoning Ordinance by adding Article 12A, 'B-IA' nln~Ar~u~ Dey Cam Fadllty; by Wide Web on the Caller-Times Interactive on the 14TH ,o. O&. Vice-President and Chief Financial Officer Subscribed and sworn to me on the date of FEBRUARY 15, 2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.