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Home My WebLink About028859 ORD - 11/16/2010Page 1 of 3 ORDINANCE AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY AMENDING SECTION 27-3.07 RELATING TO DUMPSTER SCREENING; AND BY ADDING NEW SECTION 27-3.08 RELATING TO DUMPSTERS AT NEW. CONSTRUCTION; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING EFFECTIVE DATES. WHEREAS, on September 28, 2010 in Ordinance No. 028793, the City Council requested that the Planning Commission provide its recommendations regarding the screening requirement in Section 27-3.07.01 of the Zoning Ordinance; WHEREAS, the City Council previously authorized a Temporary 180 day Moratorium on the same requirement in Section 27-3.07.01 of the Zoning Ordinance, by Ordinance No. 028528, issued on March 23, 2010, and authorized a Temporary 60 day Moratorium on the same requirement by Ordinance No.028793 issued on September 28; 2010; WHEREAS, with proper notice to the public, public hearing was held on Wednesday September 29, 2010 and Wednesday October 13, 2010 during meetings of the Planning Commission, and on Tuesday November 9, 2010, during meeting of the City Council, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to hear and be heard; and WHEREAS, the Planning Commission has approved a recommendation for the City Council's consideration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Section 27-3.07, Corpus Christi Zoning Ordinance, is revised to read as follows: "Section 27-3 Modification of Area Regulations "27-3.07 Trash Areas; 27-3.07.01 On any lot used for business or multiple -family purposes, -a1 trate screened from street, public and neighboring views. all trash areas shall be provided in a place accessible to vehicles used for picking up and carrying solid waste away. All solid waste shall be confined in a dumpster or compactor, or otherwise screened from street, public, and neighboring views." 028859 H:1LEG-DIR\Lisa12010 OrdinancelZoning Ordinance 27 3.07 v2,doc INDEXED Page 2 of 3 SECTION 2. That the Corpus Christi Zoning Ordinance is amended by adding new Section 27-3.08, to read as follows: "27-3.08 Dumpsters: 27-3.08.01 This section shall apply only in the event of new construction. 27-3.08.02 For all uses, except single-family detached and duplexes, refuse containers must be provided in a place accessible to collection vehicles and must be screened from street rights-of-way and views from adjacent residential properties. 27-3.08.03 The location of the dumpsters must be identified on submitted site plans. 27-3.08.04 Screening must be composed of a solid or opaque material that matches or compliments the building material of the principal structure. The materials may be fences, berms, walls, gates, landscaping, or combination thereof. 27-3.08.05 A dumpster that is not located in a street yard is deemed not visible from the street. 27-3.08.06 The term "street yard" means: (1) The area of a lot or parcel which lies between the edge of the right-of-way line of the parent parcel abutting a street, and the street wall line of the building on the lot or parcel. (2) On corner lots or parcels, the street yard shall consist of all the area of such lot or parcel between the edge of the right- of-way line abutting the street and their corresponding street wall lines. (3) When there are multiple buildings on a lot or parcel the street yard shall consist of all the area of the lot or parcel between the edge of the right-of-way line abutting a street and the outermost points of each building's major street wall." SECTION 3. That the Corpus Christi Zoning Ordinance, 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, remains in full force and effect. H:1LEG-DIR\Lisa12010 OrdinancelZoning Ordinance 27 3.07 v2.doc Page 3 of 3 SECTION 4. That to the extent that this amendment to the Corpus Christi Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this Ordinance. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid of 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 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35-3, Corpus Christi Zoning Ordinance. 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. SECTION 8. Section 27-3.07, Corpus Christi Zoning Ordinance, as amended herein, takes effect on November 28, 2010 (which is the day after the expiration of the 60 day moratorium approved on September 28, 2010 by Ordinance 028793). Section 27-3.08, Corpus Christi Zoning Ordinance, as created herein, takes effect on December 28, 2010. H:1LEG-DIR\Lisa12010 Ordinance\Zoning Ordinance 27 3.07 v2.doc That the foregoing orkwice was read fpr thefir t time and passed to its second reading on this the " day of /VQ4/ , 2010, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick ,14:3561/1--)11--- Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott That the q going ordinance wa read for the second time and passed finally on this the day of {Ait,h.,bC4, , 2010, by the following vote: Joe Adame Chris N. Adler 41(g.Brent Cheney Larry Elizondo, Sr. Kevin Kieschnick PASSED AND APPROVED, this the ATTEST. MI Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Armando Chapa City Secretary APPROVED as to form:'" 67, 'f By: d Lisa Aguj , Assistant City Attorney for the City Attorney hI/104 /A. , 2010. Joe Ada e Mayor 289 * Mr. Chesney forfeited council position on 11/15/10 as a result of being elected to another position. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5955497 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02885 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 11/24/2010, 11/24/2010. $ 90.93 1Time(s) LEGAL SALES R V RESENTIVE On this 492M -41 -ay o ff-�� aoi certify that the attached document is a true and an exact copy made by publisher. /A '4 GWENN J. MEDINA *• {"' * MY GQMMESSION EXPIRES ' " August 2, 21012 + entofak osonwmrwrw� N tary Public, State of Texas 4E » November 24, 2010 » CALLER -TIMES ley a? i'suuces 1110 NOTICE OF PASSAGE OF ORDINANCE NO. 028859 mending the Cor - us Christi Zoning rd. by amending ect. 27-3.07 relating o:dumpster screen - ng; and by adding ew Sect. 27-3.08 re- ating to dumpsters at ew construction. This ord. was passed and approved by the Corpus Christi City Council on November 16, 2010. The effec- tive date is November 28, 2010. /s/ Armando Chapa City Secretary