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Home My WebLink About024773 ORD - 02/19/2002 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 12A, "B-1 A" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS, BY REPLACING MASONRY FENCE WITH STANDARD SCREENING FENCE REQUIREMENT AND PROVIDING SUPPLEMENTARY LANDSCAPING AND SITE DESIGN REQUIREMENTS; AND ARTICLE 27, SUPPLEMENTARY HEIGHT, AREA, AND BULK REQUIREMENTS, BY REVISING SECTION 27-3.01.06 (1) FENCE REQUIREMENTS; 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, November 7,2001, and December 19, 2001, during a meeting of the Planning Commission, and on Tuesday, February 12, 2002, 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 12A, "B-1A" Neighborhood Business District Regulations, Section 12A-8 Supplementary Landscaping Requirements, and Section 12A-9 Supplementary Site Design Regulations to read as follows: "ARTICLE 12A. "B-1 A" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS . . . . . "Section 12A-8 Supplementary Landscaping Requirements. In addition to the landscape requirements in Article 27B, the following supplemental regulations shall apply: "12A-8.1 Landscaping shall be required for existing structures, as if new construction. when converting from a residential or office use to a B-1A District non-residential use regardless of any change in vehicular use areas. . . . . . "Section 12A-9 Supplementary Site Design Regulations. . . . . . f. ,) A 7 '/ '~ J",Li ' H:ILEG-DIRIDoyleDCurtisIMYDOCS\2002IP&ZORD02tZoning.ordIDOYLEC\2002\2-5-02Rev. 8-1 AFence.Landscape.doc 11 1 "" Page 2 of 4 "12A-9.4 ^ six (e) feot hi~h FFlassmy teAse shall Be reElYirea aleA~ the mar I'lrel'lerty line .....here Qbl:.lttin~ Q roeiacnti:J1 aistriGt. ^ f:taAa::u=c:j GGrooAirl@J forlGO 'A'ith Q f1oi!Jt:lt af Aet lOGS tt.Jan E:b( ((3) f-oot f:nall bo roql:.lirod :JIGn€) tAc Gigo ~roporty lirloC \VAOrC 3BblttiAg 1) foeidoRtial aistriGt. ^ corooAiA~ fanGo iE Aet roElYir-ea asreeE Etmet or aFaiAa~e ri~hte sf way. Properties rezoned from a residential district or office district to a B-1A District must complv with the standards in Articles 12A 27, and 27B, includina landscapina reaulations and fencina reauirements. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 27, Supplementary Height, Area And Bulk Requirements, Section 27-3.01.06 (1), to read as follows: "ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA AND BULK REQUIREMENTS * * * * * "27-3.01.06 (1) Fence required. Where a business or industrial use is established on a lot which is adjacent to a lot occupied by a dwelling located in the "FR", ''RE''. "RA", "R-1A", "R-1 B", "R-1 C". "R-2", "A-1", "A-1A", or "A-2" zoning district, then the owner of the lot to be occupied by said business or industrial use shall be required to construct a screening fence six (6) feet in height from the natural ground, which shall constitute a visual obstruction and shall be capable of withstanding a thirty (30) pound per square foot horizontal wind load from any direction. Where a lot is to be occupied by a business or industrial use, which lot is adjacent to any located in the "FR", "RE", "RA", "R-1A", "R-1 B", "R-1C", "R-2", "A-1", "A-1A", or "A-2" zoning district and which adjacent lot, or lots, is not occupied by a dwelling, then the owner of the lot to be occupied by said business or industrial use shall be required to construct a screening fence in accordance with the standards established above, or may defer ~ construction upon application for deferral to the Building Official and on condition of executing a contract with the City which shall be filed of record in the office of the Clerk of the county or counties in which the affected lots are situated and which contract shall constitute a covenant running with the land. For the purposes of this amendment, "business or industrial use" is hereby defined to include any nonresidential use permitted in the "AB", "A-1A", "A-2". "B-1", "B-1A", "B-2", "B-2A", "B-3", "B-4", "B-5", "B-6", "1-1 ", "1-2", or "1-3" zoning districts. ~ The contract, the form of which shall be approved by the City Attorney, shall require a cash deposit equivalent to the cost of construction of ~ the screening fence as determined by the Director of Engineering Services. ~ The deposit of money shall be held in trust and as an interest-bearing deposit by the City's designated depository, with accrued interest to accumulate and to be held in trust with the principal sum of the deposit. ~ The contract shall further provide that the deferment period shall terminate and the applicant shall commence construction of a standard screening fence at the direction of the City, and in any event, no later than the issuance of a residential building permit for the development of residential improvements or use upon any land adjacent to or adjoining the subject lot devoted to business or industrial use. ~ The fence construction shall be completed, with the exception of any intervening act of God, prior to the completion of the first permitted residential construction on adjacent land. Where more than one vacant, residentially zoned lot adjoins the subject lot the fence construction to be completed is that portion or portions of the subject lot's line or lines adjoining the abutting lot line or lines of the adjacent lot or lots on which a building permit is taken. Provision shall be made in the contract for continued trust retention and interest-bearing until the H :ILEG-DIRIDoyleDCurtisIMYDOCS\2002IP&ZORD02\Zoning.ordIDOYLEC\2002\2-5-02Rev.B-1 AFence. Landscape.doc ---n-~--~'" ._--_._...._~._--~ ..--.. Page 3 of 4 . entire fencing along adjacent residential lot lines is completed. The ~ contract shall further provide for an express agreement between the City and the applicant whereby failure to construct the standard screening fence as provided therein, save and except for an intervening act of God, shall cause the forfeiture of 6H6R the deposit to the City for the purpose of constructing 6H6R the fence and that applicant shall waive all equitable defenses thereto. In the event that applicant conveys or signs its interest to any part or all of the land described in 6H6R the contract, 6H6R the conveyance or assignment shall transfer pro rata part or all, as the case may be, the deposit plus accrued interest for fence construction as therein provided, effective upon a copy of 6H6R the conveyance or assignment being delivered to the City Manager. The pro rata calculation for a partial conveyance involving a lot line touching on and adjoining residential lot shall be based on the ratio of linear footage conveyed and adjoining the subject lot line to the total linear footage of fence along the entire adjoining tract or lots, as the case may be. Where a lot has been occupied by a business or industrial use prior to December 1, 1971, and is adjacent to a lot occupied by a dwelling in an "FR", "RE", "RA", "R-1A", "R-1 B", "R-1 C", "R-2", "A-1", "A-1A", or "A-2" zoning district, and if said business or industrial use is expanded by only 10% or less, of the floor area and/or site area, then the owner of the lot on which said existing business or industrial use is located shall not be required to construct a screening fence at the time of E;1l6R expansion. * * * * * SECTION 3. 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 4. 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 5. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 6. 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 7. 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. H:\LEG-DIR\DoyleDCurtistMYDOCS\2002\P&ZORD02\Zoning.ord\DOYLEC\2002\2-5-02Rev .B-1 AFence.Landscape.doc ~ w Page 4 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the 12th day of February, 2002, by the following vote: (Lc' 10 1/. Samuel L. Neal, Jr. ~ Rex A. Kinnison / John Longoria ~, ~'l} {lvf= (U~ JJ- Brent Chesney Jesse Noyola Mark Scott Javier D. Colmenero Henry Garrett William Kelly William Kelly ~ That the foregoing ordinance w~s ~ad for the second time and passed finally on this the 19th day of February, 2002" by the following vote: ~\.J€ --' n\lf/ U\.jL (l~/ (h~, PASSED AND APPROVED, this the 19th day of February, 2002. Samuel L. Neal, Jr. Rex A. Kinnison ~ =ft Brent Chesney John Longoria Javier D. Colmenero Jesse Noyola Henry Garrett Mark Scott ATTEST: ~.~ Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Chr APPROVED AS TO LEGAL FORM 5 February, 2002 By: Doyle Curtis Senior Assistant City Attorney H :ILEG-DIRIDoyleDCurtisIMYDOCS\2002IP&ZORD02\Zoning.ordIDOYLEC\2002\2-5-02Rev.B-1 AFence. Landscape.doc 024773 111 1 ~ 0'7. \':' ': \ ' State of Texas County of Nueces ,-,.~ ~ t,J'~- ~)":~~.",\q.\ ::1(::.\' ;-\ ~'F j\",J'~ . "~', q: \\'1 , ',' PUBLISHER'S AFFIDAVIT } } ss: CITY OF CORPUS CHRISTI Ad # 4102754 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 Manager 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 NO. 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 25TH day(s) of FEBRUARY. 2002. Dvct No, t)~L{-1'73 'T""('(Tr>. /f"\ \ n'\' t.~" !1 c?~ Corpus Christi Caller-11m". Monday, February 25, 2002lD1 NOTICE OF PASSAGE OF ORDINANCE NO. 024773 Ordinance amending the Zoning Ordinance by reyisi~ Article 12A. .B-1A..' , Neighborhooc:J Business Olstrldt ReguLations, b:i replacing masonry fence with standard screening fenc': requirement and; pro v i d j n I. supplementary; landscaping and ... design requirements;. and Article 21' Supplementary Hei~ Area, and Bulk Requirements, by revtslng Section 27~ 3.01.06 (1) Fence Requirements. This ordinance was passed and approved by the. City Council 01 the City, of Corpus Christi on; February 19. 2002. . tal Armando ChIIpo: City Sacralal}\ City of COfpUs Chrietl Credit Customer Service Manager Subscribed and sworn to me on the date of FEBRUARY 26. 2002. - ), ~ ! '.-"\ ... -- ') C. ) ,.'. Tlll 7/ ('~ :::JLi...lI/J2,!------, "' "- Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. . r I" -