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HomeMy WebLinkAbout024580 ORD - 09/11/2001AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 3, DEFINITIONS; ARTICLE 4A, "F-R" FARM RURAL DISTRICT REGULATIONS; ARTICLE 4B, "RE" RESIDENTIAL ESTATE DISTRICT REGULATIONS; ARTICLE 4C, "RA" ONE-FAMILY DWELLING DISTRICT REGULATIONS; ARTICLE $, "R-'IA" ONE- FAMILY DWELLING DISTRICT REGULATIONS; ARTICLE 6B, "R-TH" TOWNHOUSE DWELLING DISTRICT REGULATIONS; ARTICLE 8A, "A-lA" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 9, "A-2" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 10, "AT" APARTMENT-TOURIST DISTRICT REGULATIONS; ARTICLE 11, "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS; ARTICLE 12A, "B-lA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS; ARTICLE 14A, "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT REGULATIONS; ARTICLE 22, PARKING REGULATIONS; AND BY ADDING A NEW ARTICLE 25A, SPECIFIC USE PERMIT (SUP); 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, June 6, 2001, and July 18, 2001, during a meeting of the Planning Commission, and on Tuesday, August 21, 2001, and 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, on August 21, 2001, after the public hearing was closed, the City Council tabled the proposed ordinance to Tuesday, September 11,2001, and on Tuesday, September 11, 2001, the tabled ordinance was removed from the table and the City Council received additional public comment on the proposed amendment; 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 addinq definitions for the terms "bed and breakfast home (B&B)", "bed and breakfast home with special events (B&B/SE)", "bed and breakfast inn (B&B inn)", and "special event" and by revising the definitions of "family" and "dwelling, single-family" in Article 3, Definitions, to read as follows: R12830A2.doc "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 only, and no other, certain terms and words are hereby defined as follows: "3-1.06.1 Bed and breakfast-(.B&B.) home (B&B). A private, owner-occupied residence that offers sleeping accommodations to lodgers Sleepin.q accommodation.~ shall not exceed five (5) bedrooms and not more than ten (10) lodgers, b~_ !!m!*.cd t_'c four ,., ................................... ,-, .... ~- ..... ,- ........ m, not includinq the owner-occupied rooms. Owner-occupied rooms include rooms occupied by people related to the owner. For the purpose of this definition, a lodger means a person who rents a room in a B&B home establishment for fewer than thirty (30) consecutive days. Kitchen and dining facilities may be included to provide meals to guest only; however1 no food preparation shall be permitted in guest bedrooms. A bed and breakfast home (B&B) is not a Single-Family Dwelling. "3-1.06.2 Bed and breakfast home with special events (B&B/SE). A private, owner- occupied residence that offers sleeping accommodations to Iodqers and conducts special events for consideration. Sleepinq accommodations shall not exceed five (5) bedrooms and not more than ten (10) lodgers, not including the owner-occupied rooms. Owner-occupied rooms include rooms occupied by people related to the owner. For the purpose of this definition, a Iod.qer means a person who rents a room in a B&B home establishment for fewer than thirty (30) consecutive days. Kitchen and dining facilities may be included to provide meals to ,quest and for special events held by guests on the premises. However, no food preparation shall be permitted in quest bedrooms. A Bed and breakfast home with special events (B&B/SE) is not a Sin,qle-Family Dwelling. "3-1.06.3 Bed and breakfast (4~,l~)-inn (B&B inn). A facility that offers sleeping accommodations to Iodqers. Sleepin,q accommodations shall not exceed twelve (12) bedrooms and not more than 2z~ pc_'cplc lodgers. The owner and/or operator thct may live on the premises. For the purpose of this definition, a lodger means a person whr~ rents a room in a B&B inn establishment for fewer than thirty (30) consecutive days. Kitchen and dining facilities may be included to provide meals to ,quest only; however, no food preparation shall be permitted in quest bedrooms. This term excludes any bed and breakfast home. "3-1.20 Dwelling, Single-Family. A dwelling designed and arranged exclusively for the use and occupancy of one family. A bed and breakfast home (B&B) or bed and breakfast home with special events (B&B/SE) is not a Sinqle-Family Dwell n.q R12830A2.doc 3 "3-1.24 Family. A person or persons, occupying a dwelling, living together and maintaining a common household, cf wh!ch cci mcrc thc,-, four m3y b3 which may include up to four (4) boarders or roomers if each has a rental contract to occupy the dwelling for at least thirty (30) consecutive days. This definition does not include lodgers in a Bed and breakfast home (B&B) or bed and breakfast home with special events (B&B/SE)." "3-1.58.4 Special event. At a bed and breakfast home with special events (B&B/SE) with a Specific Use Permit (SUP) under Article 25A, a special event includes a baptism, bridal tea, charity fundraiser, corporate banquet, family reunion, qraduation party, office party, private dinner party, photo shoot, political fundraiser, quincea~era, reception, weddin.q, wedding reception, or similar type of functions being held on the premises by a guest who has provided compensation for the use of all or a portion of the premises. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 4A, "F-R" Farm- Rural District Regulations, Section 4A-2 Use Regulations. to read as follows: "ARTICLE 4A. "F-R" FARM-RURAL DISTRICT REGULATIONS "Section 4A-2 Use Regulations. A building or premises shall be used only for the following purposes: "(15) B_~d ""'" ~'-""~'~""+ ,D.o, ,...,..~. ;~ !f approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with special events (B&B/SE)." SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 4B, "R-E" Residential Estate District Regulations, Section 4B-2 Use Regulations, to read as follows: "ARTICLE 4B. "R-E" RESIDENTIAL ESTATE DISTRICT REGULATIONS "Section 4B-2 Use Regulations. A building or premises shall be used only for the following purposes: R12830A2.doc T (12) ----""'~ .......... ~"~"~'~""*--. ,---,~m~ ~ ........ ~'"'"" ~. !f approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with special events (B&B/SE)." SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 4C, "RA" One Family Dwelling District Regulations, Section 4C-2 Use Regulations. to read as follows: "ARTICLE 4C. "RA" ONE FAMILY DWELLING DISTRICT REGULATIONS "Section 4C-2 Use Regulations. A building or premises shall be used only for the following purposes: "(12)___~'-'" _.._'-'-'" ........ ~'"'"~'~"~_. ,___,/~ ~ hcme if If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with special events (B&B/SE)." SECTION 5. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 5, "R-lA" One Family Dwelling District Regulations, Section 5-2 Use Regulations. to read as follows: "ARTICLE 5. "R-IA" ONE FAMILY DWELLING DISTRICT REGULATIONS "Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: "(15)_D"'~ ...... .....~ _.__...__.~'"""~"* ,---,/mr ~ ..-...v~'"'~" if If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with special events (B&B/SE)." SECTION 6. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 6B, "R-TH" Townhouse Dwelling District Regulations, Section 6B-2 Use Regulations. to read as follows: "ARTICLE 6B. "R-TH" TOWNHOUSE DWELLING DISTRICT REGULATIONS "Section 6B-2 Use Regulations. A building or premises shall be used only for the following purposes: R12830A2.doc (1 O) ____.._""'~ _~'-"""'"-*__. ~r~,___,, D, ..-...-~'"'"" !f !f approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with special events (B&B/SE)." SECTION 7. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 8A, "A-lA" Apartment House District Regulations, Section 8A-2 Use Regulations. to read as follows: "ARTICLE SA. "A-IA" APARTMENT HOUSE DISTRICT REGULATIONS "Section 8A-2 Use Regulations. A building or premises shall be used only for the following purposes: "(15)___a~"~ _.._""'~ _.__...__."-^'-u~'-"* ,___,'D" ~" hcmc if If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with special events (B&B/SE)." SECTION 8. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 9, "A-2" Apartment House District Regulations, Section 9-2 Use Regulations. to read as follows: "ARTICLE 9. "A-2" APARTMENT HOUSE DISTRICT REGULATIONS "Section 9-2 Use Regulations. A building or premises shall be used only for the following purposes: "(12) Bed and breakfast (B&B)inn." SECTION 9. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 10, "AT" Apartment-Tourist District Regulations, Section 10- 2 Use Regulations. to read as follows: "ARTICLE 10. "AT" APARTMENT-TOURIST DISTRICT REGULATIONS R12830A2.doc 6 "Section 10-2 Use Regulations. A building or premises shall be used only for the following purposes: "(9) Bed and breakfast (B&B) inn." SECTION 10. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 11, "AB" Professional Office District Regulations, Section 11-2 Use Regulations. to read as follows: "ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS "Section 11-2 Use Regulations. A building or premises shall be used only for the following purposes: "(17) Bed and breakfast (B&B) inn." SECTION 11. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 12A, "B-lA" Neighborhood Business District Regulations, Section 12A-2 Use Regulations, to read as follows: "ARTICLE 12A. "B-lA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS "Section 12A-2 Use Regulations. A building or premises shall be used only for the following or similar purposes: "(15)___D--'~ _.._""'~ ........ ~'"""~'~"~*-. ~D~,---,~ ...... ~'""*"_ if If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast ~-ome (B&B) or bed and breakfast home with special events (B&B/SE)." "(16) Bed and breakfast (B&B) inn." SECTION 12. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 14A, "BD" Corpus Christi Beach Design District, Section 14A-2 Use Regulations, to read as follows: R12830A2.doc 7 "ARTICLE 14A. "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT "Section 14A-2 Use Regulations. A building or premise shall be used for the following or similar purposes: "(36)___D"'~ _.._"-'~ ....... ~....~.~...,__./D.,___,al ..v.~'"~'" ..... ;~ If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with special events (B&B/SE)." "(37) Bed and breakfast (B&B) inn." SECTION 13. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 22, Parking Regulations, by adding the Bed and breakfast (B&B) home or inn uses to the chart, to read as follows: "ARTICLE 22. OFF-STREET PARKING REGULATIONS "Section 22-1 Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected or structurally altered to the extent of increasing the floor area by 50 pement or more, or any building or structure hereafter erected is converted, for uses listed in Column 1 of the chart below, when such uses are located in the districts listed in Column 2, accessory off-street parking spaces shall be provided as required in Column 3 or Column 4, or as required in subsequent sections of this article. Column 1 Column 2 Column 3 Column 4 "Use or Use Category Location Spaces Required Per Basic Measuring Unit Additional Requirements "Bed and breakfast ,/£&9,~ home (B&B) (SUP), bed and breakfast home with Specific Use Permit (SUP) ~ All districts 4-% per room or suite for B&B hcmc may prohibit (SUP) or bed and parkinR in front yard breakfast inn (B&B inn) SECTION 14. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new Article 25A, Specific Use Permit (SUP), to read as follows: R12830A2.doc 'r "ARTICLE 25A. SPECIFIC USE PERMIT (SUP) "Section 25A-1 General Provisions "25A-1.01 The SUP provides a means for developing certain uses in a manner in which the specific use will be compatible with adjacent property and consistent with the character of the neighborhood. "25A-1.02 The use requlations for each district state whether an SUP i,~ required for a use to be permitted in a zoning district. The SUP requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate. The Planning Commission must review each SUP and forward its recommendation to the City Council. The City Council must qrant each SUP by separate ordinance. "25A-1.03 The Planninq Commission shall not recommend and the City Council shall not grant an SUP for a use except upon a finding that the use will: "(1) complement or be compatible with the surrounding uses and community facilities; "(2) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; "(3) not substantially affect adversely the uses of adjacent and neighbor ng property permitted by this ordinance; "(4) not be detrimental to the public health, safety, or qeneral welfare; and "(5) conform in all other respects to all applicable zoning regulations and standards. "25A-1.04 The granting of an SUP has no effect on the uses permitted as of right and does not waive the regulations of the underlying zoning district. "25A-1.05 The City Council may impose reasonable conditions upon the granting of an SUP consistent with the purposes stated in this Article. R12830A2.doc "Section 25A-2 Specific use permit procedure. "25A-2.01 An application for an SUP shall be considered an application for rezoning and comply with Article 30, Chan.qes and Amendments, procedure for a change in zoninq district classification. "25A-2.02 At the time of applying for an SUP, the applicant shall submit: "(1) a site plan that includes: "(a) the dimensions, bearings, and street frontage of the property; "(b) the location of buildings, structures, and uses; "(c) the method of ingress and egress; "(d) off-street parking and Ioadin.q arrangements; "(e) screening, liqhting, and landscaping, if appropriate; and any other information the Director of Planning determines necessary for a complete review of the proposed development; and "(2) a traffic impact analysis if the Traffic Engineer determines that the analysis is necessary for a complete review of the impacts of the proposed development. "25A-2.03 Amendments to an approved site plan must follow the procedures outlined above in Subsections 25A-2.01 and 25A-2.02; however, upon payment of a $250.00 application fee, the Director of Planning may authorize minor changes in the site plan that do not: "(1) alter the basic relationship of the proposed development to adjacent property; "(2) change the uses permitted; "(3) increase the maximum density, floor area ratio, or height; "(4) decrease the amount of required off-street parking; or "(5) reduce the minimum yards required at the boundary of the site. "An applicant may appeal the decision of the Director to the Planning Commission. R12830A2.doc 10 "25A-2.04 A termination date may be imposed as a condition upon the granting of an SUP. If so imposed, the SUP automatically terminates on that date. "Section 25A-3 Bed and Breakfast Home (B&B) SUP "25A-3.01 In addition to compliance with Section 25A-2 above, an application for an SUP for a bed and breakfast home (B&B) must, at a minimum, comply with the followinq conditions: "(1) Applicant shall pay the rezonin.q fees plus $100.00. "(2) Owners of real property within 500 feet of the boundary of the subject property shall be notified of the public hearing. "(3) Proposed bed and breakfast home must be no closer than 1,000 feet from the closest bed & breakfast home (B&B) or bed and breakfast home with special events (B&B/SE). "(4) Required site plan in Section 25A-2 (B) must also include the location of service areas and trash receptacle areas. Trash dumpsters shall not be permitted on the premises of a bed and breakfast home. "25A-3.02 In considering an application for an SUP for a bed and breakfast home (B&B), the following issues may also be considered and decided as part of the review process: "(1) Whether to require evidence of compliance with hotel/motel tax; "(2) Whether to prohibit parkin.q in the front yard. "25A-3.03 The Planning Commission shall not make a recommendation on an issue and the City Council shall not decide an issue unless it finds that in its opinion, as a matter of fact, based on the evidence, the decision will not substantially affect adversely the uses of adjacent and neighboring property permitted by this ordinance. "Section 25A-4 Bed And Breakfast Home With Special Events (B&B/SE) "25A-4.01 In addition to compliance with Section 25A-2 above, an application for an SUP for a bed and breakfast home with special events (B&B/SE) must, at a minimum, comply with the following conditions: "(1) Applicant shall pay the rezoning fees plus $100.00. R12830A2.doc 11 "(2) Owners of real property within 500 feet of the boundary of the subiect property shall be notified of the public hearing. "(3) Proposed bed and breakfast home must be no closer than 1,000 feet from the closest bed & breakfast home (B&B) or bed and breakfast home with special events (B&B/SE). "(47 Required site plan in Section 25A-2 (B) must also include the, location of service areas and trash receptacle areas. Trash dumpsters shall not be permitted on the premises of a bed and breakfast home with special events (B&B/SE). "25A-4.02 In considering an application for an SUP for a bed and breakfast home with special events (B&B/SE), the following issues may also be considered and decided as part of the review process: "25A-4.03 "(1) Whether to require evidence of compliance with hotel/motel tax; "(2) Whether to prohibit parkin.q in the front yard. "(3) The types of special events that will be authorized and conditions on holding special events, includinq, but not limited to: (al Number of events allowed durinq a specific time period__.~. (b) Number of .quests allowed at a special event. (c) Limitations on hours of operation for special events. (d) Restrictions on use of outdoor amplified sound during (e) special events. Special event parking manaqement plan, includinq a requirement to provide additional off street parkin.q spaces for special events. The Planning Commission shall not make a recommendation on an issue and the City Council shall not decide an issue unless it finds that in its opinion, as a matter of fact, based on the evidence, the decision will not substantially affect adversely the uses of adjacent and neiqhborinq property permitted by this ordinance." SECTION 15. 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 R12830A2.doc 12 as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 16. 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 17. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 18. 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 '19. 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. R12830A2.doc 13' That the foregoing ordinance was read for the first time and passed to its second reading on this the 2~st day of August, 2001, by the following vote: Samuel L. Neal, Jr. //~k~f.~. Rex A. Kinnison Chesney ~ John Longoria Brent Javier D. Colmenero L~.~ Jesse Noyola Henry Garrett (~ Mark Scott William Kelly (~ That t¥,~o_regoing ordinance was r~ad for. the second time and passed finally on this the ~ ~ ~Y~lay of .~.~._2001,.~ by the following vote: Samuel L. Neal, Jr. {_~1~ ~. Rex A. Kinnison ~ Brent Chesney ~ ~. John kongoria _~~ Javier D. Colmenero I.,~ · .. Henry Garrett William Kelly PASSED AND APPROVED, this the A'I-FEST: Armando Chapa City Secretary Jesse Noyola Mark Scott I'~day of Mayor APPROVED AS TO LEGAL FORM September 12, 2001 James R. Bray, Jr. City Attorney Fir~t'A~istant Ci~/Attorney State of Texas } County of Nueces } ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 3950626 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manaaer of the Corpus Christi Caller-Times, a dally 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(S): which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 17TH day(s) of SEPTEMBER, 2001. 0~., ~q OXq~-fO TWO (2) Time(s) $125.24 Credit Customer Service Manager Subscribed and sworn to me on the date of SEPTEMBER 18, 2001. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05.