HomeMy WebLinkAbout029336 ORD - 12/13/2011§ 7.11 Neighborhood Mixed Use (NMU) Development Standards
Ordinance amending the Corpus Christi Unified Development
Code by adding a new Section 7.11 entitled, "Neighborhood
Mixed -Use (NMU) Development Standards", relating to the use,
regulations and review standards for residential mixed-use
development; Amending conflicting provisions of the City's
Comprehensive Plan; Repealing conflicting ordinances; Providing
for severance, penalties, publication and an effective date.
WHEREAS, the Corpus Christi Comprehensive Plan encourages compatible
mixed uses of similar type such as, neighborhood retail business and residential
activity; as well as the development of commercial areas that contain mixed office
use and retail activities;
WHEREAS, the Corpus Christi Comprehensive Plan stipulates that stores and
businesses be allowed to locate closer to neighborhoods if they provide
supportive services; are characterized by activities of low intensity; and are
beneficial to residential areas;
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, August 3, 2011, during meetings of the Planning Commission, and
on Tuesdays, October 11, 2011 and December 13, 2011, during meetings 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;
WHEREAS, the City Council has determined that this amendment to the Unified
Development Code (UDC), would best serve the general welfare of the City and
its citizens by providing a regulatory base for more sustainable communities by
ensuring compatibility in development; maintaining consistency and character;
and ensuring growth in an orderly and desirable manner that will preserve the
public health and safety;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That the Corpus Christi Unified Development Code is amended by
adding a new Section 7.11 entitled "Neighborhood Mixed -Use (NMU)
Development Standards" to read as follows:
§ 7.11 Neighborhood Mixed -Use (NMU) Development Standards
7.11.1 Purpose and intent.
The purpose of the standards for this Section is to provide for a mix
of small to medium scale residential uses, with an emphasis on
smaller commercial uses, within a multi -modal environment. The
intent of these standards is to:
(129336 INDEXED
§ 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 2 of 15
A. Allow for different types of compatible land uses close
together in appropriate locations to shorten transportation
trips and facilitate multi -modal development.
B. Encourage infill and redevelopment utilizing commercial,
professional office, and residential mixed-use development
within surrounding neighborhood uses.
C. Allow flexibility in development standards for residential
mixed-use buiidings that are similar in scale to surrounding
residential development while providing storefront -style
shopping streets.
D. Limit the size of any one commercial retail use to keep the
scale of commercial activity appropriate to the surrounding
area while providing services to local residential
communities.
7.11.2 District Allowances. A Neighborhood Mixed -Use building shall be a
permitted use when constructed in the RS -6, RS -4.5, RS-TH, RS -
TF, RM -1, RM -2, RM -3, ON, CN -1, CN -2, CR -2, and CR -3 Zoning
Districts in accordance with the standards of this Ordinance.
7.11.3 General Standards.
A. Neighborhood Mixed -Use (NMU) development shall be
defined for the purpose of this Ordinance as a smail scale
residential mixed-use development (e.g., a small market, dry
cleaner, small retail shop, etc., professional office, in
combination with a single-family dwelling unit located above
the non-residential use).
B. Nei • hborhood Mixed -Use buildin . must be located on a
corner lot and must have frontage and access onto a Arterial
or Collector Street, as designated by the City's Urban
Transportation Plan.
C. Lots contiguous to corner lots and fronting on an Arterial
Street may also be developed for residential mixed uses
where the underlying zoning district allows for non-
residential uses. and when developed in accordance with
this Ordinance (Figs. 7.11.3.C).
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Fi •ures 7.11.3.C. Conti ; uous Residential Mixed -Use Buildin • s.
D. Only one Neighborhood Mixed Use building is permitted per
block. Two Residential Mixed Use buildings per the same
residential block may be permitted, only if the second mixed
use proposed offers a non-residential service that is not
already present within the same block, and the same
nonresidential use is not located within 1/3 mile from the
proposed site and use (e.g. only one restaurant, one office,
one gift shop, one barber shop per block).
E. Residential uses must be located above the nonresidential
use, unless the entire unit is constructed as an accessible
unit, in which case the residential area of the unit may be
constructed behind, and attached to, the non-residential use
area with adequate accessible access and parking provided
behind the unit (Figs.7.11.3.E).
Fi ! ures 7.11.3.E. Exam • les of Residential Mixed -Uses.
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F.
The nonresidential portion of the Neighborhood Mixed Use
building may not be divided from the residential area of the
building through sale, rent, or leasing. The Neighborhood
Mixed Use building shall be considered one unit.
G. The non-residential portion of a Neighborhood Mixed Use
building may not exceed 50% of the building's total floor
area.
H. The minimum size for each residential space in a
Neighborhood Mixed Use building shall be 800 square feet.
The maximum residential space within the structure must not
exceed 1,500 square feet. The maximum floor area of the
entire mixed use structure may not exceed 3,000 square
feet.
I. The mixture of uses shall occur in the same building. The
residential use shall not exceed the maximum number of
dwelling units which would otherwise be permitted in the
zoning district.
J. The conversion of any accessory structure to commercial
use shall be prohibited.
K. Each residential portion of the Neighborhood Mixed Use
building shall contain at least one owner, or family member
of the owner, or an employee that works onsite for the
owner, that resides onsite and operates a business within
that unit.
L. The entire unit may be leased as one unit, only if the tenant
operates the business portion of the building, and lives within
the residential portion of the building.
M. No more than two additional employees (other than the
onsite residents) residing outside of mixed use building may
be employed within the business portion of the building per
shift.
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N. Existing residential buildings may be redeveloped as a
Neighborhood Mixed Use Building, provided that non-
residential portion of the mixed use building is a permitted
use listed under Section 7.11.6, and the structure meets the
location requirements of this Section, and subject to the
remaining standards of this Ordinance.
O. Neighborhood mixed-use structures shall be required to
meet the City's Building Codes.
P. The non-residential portion of the mixed use building may
not be used purely for storage. Storage of supplies may not
occupy more than 10% of the non-residential space in the
mixed use building.
Q. Properties located within an area or subdivision that fall
under a Homeowner's Association or other managing entity
must provide a written statement from the managing entity
stating that they approve of the proposed Neighborhood
Mixed Use development on the proposed site concurrently
with the building application.
7.11.4 Minimum and Maximum Requirements.
A. Lot Area, Density, and Heights. The minimum lot area,
maximum density, and maximum height for a Neighborhood
Mixed Use building shall be the same as permitted by the
underlying Zoning District.
B. Lot Width. The minimum lot width for a Neighborhood
Mixed -Use development shall be the same width required by
the Zoning District in which the proposed mixed-use
development is located.
C. A Live -Work unit may be constructed on anoneonformin� lot
havin ' a minimum width of 24 feet when constructed in
accordance with the Live -Work standards outlined under
Section 6.14.7.
D. Maximum Impervious Surface Allowance. The entire
Neighborhood Mixed Use building footprint may not exceed
more than 70% of the entire lot, excluding parking areas.
7.11.5 Setbacks.
A. Front Setbacks.
1. New Construction.
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a. Where a 5 to 10 -foot sidewalk is present along an
Arterial or Collector Street for a proposed
Neighborhood Mixed Use development, the
proposed building may have a 0 -10 -foot build -to
line/front setback measured from the property line.
b. Where a sidewalk is not present along an Arterial
or Collector Street, a sidewalk must be provided
and designed in accordance with the dimensions
proposed within the City's Urban Transportation
Plan for the proposed development site and the
standards of the American's with Disabilities Act
Standards. The minimum front building ("build -to"
line) setback shall then be measured from the
property line for a distance of 0 to 10 feet.
c. The front yard setback of a proposed residential
mixed use building on an interior lot where the
district allows for a non-residential use, shall be
the average of the setbacks of structures on
abutting lots (Fig. 7.11.5.A1 c).
Figure 7.11.5.A1c
Parking
1 I J
Residential
Mixed Use
A ♦ B
Z
Arterial Street
i
2. Existing Structure Remodel. The existing setback of
an existing building shall be permitted to remain. The
sides of existing porches and stoops may be enclosed
only by screens.
B. Side and Rear Yards Setbacks.
1. The street side yard shall measure a width of within 1
to 5 feet of the existing depth of the adjacent front
Yard fronting on the Collector or side street (lot or
structure located behind the proposed mixed-use
building).
2. The non -street side yard must be a minimum of 5
feet, with exception of Neighborhood Mixed -Use
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development proposed within the CN -2 Zoning
District, in which case a 10 -foot side yard shall be
required if a mixed-use development is proposed
within or adjacent to a residential district.
7.11.6 Permitted Commercial, Professional Office, and Civic Uses.
A. The following non-residential uses shall be permitted within a
Neighborhood Mixed -Use development:
Table 7.11.6.A
Neighborhood Mixed Use (NMU) Non -Residential Permitted Uses
Adult Day -Care Centers
Art Studios, Artists and Artisans, Associated retail sales (excluding tattoo parlors)
Bakeries, Patisseries, Chocolates, are allowed when the primary use is Retail Sales
and Services
Beautician Salons & Barbers (excluding nail care)
Bed & Breakfast Home (no allowance for special events)
Bicycle Sales and Rentals
Cafes and Bistros (no alcohol sales, unless permitted by district)
Child Day Care Centers
Civic/Government Office Uses
Computer Software and Multimedia Related Professionals
Drycleaners (drop-off, pick-up only, no drive-thru)
Farmers Market Retail Stand
Fashion, Graphic, Interior and Other Designers
Florist
Home Occupations
Ice Cream Parlors
Laundromats
Mail & Packaging Centers
Nei hborhood Market (no fueling sales1
Neighborhood Pharmacy
Non -Medical Offices
Nutritional Sales
Physical Fitness Gyms, Dance, Martial Arts Studios
Professional Services (including, attorneys, accountants, insurance sales, barbers,
travel agency, consultant firms, engineers, architectural firms, and similar uses)
Real Estate Offices
Repair & Sales/Services, conducted entirely within a building; (computer, plumbing,
locksmith, shoe repair, but not including auto repair, detailing, tire service, auto body
•aintin• or similar automotive or truck uses
Restaurants, Food & Beverage Service, (sit-down or take-out services permitted,
alcohol service only where district permits, no drive throughs)
Retail Sales, including Boutiques, Delicatessens, Video/Game Rentals, Cell Phone
Sales, Musical Instrument Sales/Repair, Fruit & Vegetable Sales, Automotive Parts
(no service of vehicles or bays onsite), Crafts, Hardware, Home Decor, News &
Books, Jewelry/Repair & Sales Sporting Goods, Optical, Office Supplies, Greeting
Cards,Antiques
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School Tutoring Services
Tailor/Seamstress/Dressmaking
Senior Activity Centers
7.11.7 Design Standards.
A. Ground level non-residential uses shall provide large display
windows along a minimum of 40% of their horizontal length
(black, mirrored, or other opaque surfaces cannot be used).
Display windows shall be transparent to the extent that the
window allows views into and out of the interior.
B. Display windows and doors should be framed/trimmed.
C. At no time shall building windows fronting or within view of a
public street be boarded up, except in cases of weather
emergency preparation.
D. No permanently installed burglar bars shall be visible from
any public street. The ground floor nonresidential portion of
a Neighborhood Mixed Use building may install fully
retractable metal security screening or storm shutters that
secure windows and doors when the nonresidential portion
of the mixed use building is not open for business, and must
not be visible during business hours (Figs. 7.11.7.D).
Figures 7.91.7.0. Permitted Security Screening..
y��vvP�i.
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E. All buildings with a flat roof should have a decorative cornice
at the top of the building; or eaves when the building is
designed with a pitched roof.
F. The principal entrance of the Neighborhood Mixed Use
building shall be oriented toward the street.
G. The nonresidential and residential uses within the same
structure shall be permitted to share a common principal
entrance within a Neighborhood Mixed Use.
H. There shall be no outside display of goods and/or services
unless a 10 -foot sidewalk width is provided, and any display
or service does not encroach upon the required 5 -foot
pedestrian Clear Zone of the sidewalk. (A Use Privilege
Agreement and fee may be required by the City).
7.11.8 Sidewalks.
A. Sidewalks must be provided along all Arterial and Collector
Streets for all Neighborhood Mixed Use buildings, and
constructed in accordance with the American's with
Disabilities Act Standards.
B. If an existing structure located along an Arterial or Collector
Street is being remodeled as a Neighborhood Mixed Use, an
accessible sidewalk must be present or constructed along
the street front.
C. The sidewalk width must be constructed in accordance with
the width dimensions proposed within the City's Urban
Transportation Plan for the site.
7.11,9 Access.
A. Where access is currently available to a proposed
Neighborhood Mixed Use development site the access shall
be permitted to remain, provided that the parking location
requirements of Section 7.11.10 below are met.
B. Drive-in/through facilities shall be prohibited within a
Neighborhood Mixed Use development.
7.11.10 Parking
A. Parking for a residential mixed-use proiect is only permitted
in the non -street yard side or rear yard of the mixed use
structure.
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B. Although the Neighborhood Mixed Use building requires
direct pedestrian access from the principal entrance to the
public sidewalk and parking area in accordance with the
American's with Disabilities Act Standards, may be provided
in the rear or non -street yard side of the building.
C. On corner lots, parking shall not be allowed in the area
extending from the property line to a line which is parallel to
the front facade of the principal structures on the abutting
lots, not to exceed 25 feet in depth (Fig. 7.11.10.C).
Figure 7.11.10.C.
Arterial Street
Property
Line
D. There shall be a minimum of two and a maximum of three
parking spaces for the non-residential portion of the mixed
use building, plus a minimum of one off-street parking space,
with a maximum of two off-street parking spaces for the
residential portion of the mixed use building.
7.11.11 Streetscape Zone
A. A full Streetscaee Zone shall not be reeuired for a
Neighborhood Mixed Use building; however, flower planters
or window boxes must be provided to promote an inviting
pedestrian atmosphere (Figs 7.11.11.A).
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§ 7.11 Neighborhood Mixed -Use (NMU) Development Standards
Figures 7.11.11.A
Page 11 of 15
B.
Fencing and Screening. It is the intent of this Ordinance
that the non-residential use within the Neighborhood Mixed
Use is compatible with the existing and adjacent residential
neighborhoods, therefore a solid screening fence shall not
be required between a residential mixed use building and
adjacent residential structures and districts; however,
vehicular screening shall be provided utilizing one of the
following methods for each parking location:
1. Rear Yard. Vehicular screening shall not be required
for parking areas located behind the structure, but must
be provided along the rear property line where a
residential home exists adjacent to the proposed mixed
use building. Screening shall be provided through one
of the following methods:
a. Dense landscaping shrubs or hedges (minimum 3
gallon container) that shall be maintained to a
height of from 5 feet fo 6 feet, as measured from
the elevation of the vehicular use area
b. A solid fence measuring no less than 5 feet and no
greater than 7 feet in height.
2. Non -Street Side Yard. Parking located within the non -
street side yard must be screened from the public right-
of-way through one or more of the following methods:
a. Hedges (minimum 3 gallon container) that shall be
maintained to a height of from 24 to 36 inches as
measured from the elevation of the vehicular use
area
b. A solid decorative wall not Tess than 3 feet in
height. and not exceeding 4 feet in height.
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3. Fencing of any type shall not be permitted along the
front property line or along an Arterial or Collector
Street; however, decorative iron fences no greater than
5 feet in height and providing 50% or more
transparency are acceptable, excluding chain-link
fencing.
4. Fencing may not intrude upon, or open onto, any
portion of the pedestrian sidewalk.
C. Awnings are permitted and encouraged in accordance with
Section 6.13.1.D.
D. Signs. Signs for a neighborhood mixed use shall be
permitted and limited to the following options:
1. Attached, commercially -prepared painted wall signs not
exceeding 32 square feet in area may be mounted on a
building wall, only one sign shall be permitted per
building wall/facade. All wall signs must be attached
flat against the wall of the building.
2. Address signs not exceeding2 square feet in area.
3. Non -illuminated sandwich board signs orA-frame signs=
provided they are not located within the 5 -foot
Pedestrian Clear Zone along a sidewalk.
4. Han in and wall -mounted blade signs nat exceeding 4
square feet in area, provided that the signs shall not
project more than 4 feet from the building or one-third of
the sidewalk width, whichever is less.
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§ 7.11 Neighborhood Mixed -Use (NMU) Development Standards
7.11.12
Page 13 of 15
5. All signs shall meet a minimum vertical clearance of 7
feet.
E. Lighting. Lighting provided for the structure shall not be
directed at the neighboring residential uses and shall be
shielded from spillover.
F. Solid Waste Disposal. All solid waste materials shall be
kept in residential waste containers behind the mixed use
building. Dumpsters are not permitted onsite.
G. Accessory structures onsite are not permitted to be used for
commercial purposes.
H. Outdoor displays and storage other than vegetation planters
shall not be permitted onsite.
Hours of Operation. Businesses within a mixed-use must provide
reasonable hours of operation that are compatible with the
neighboring residential uses. Hours of operation are limited to 7:00
a.m. to 9:00 p.m. daily.
SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus
Christi, Texas, effective July 1, 2011, 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 3. That to the extent that this amendment to the UDC represents a
deviation from the Comprehensive Plan, the Comprehensive Plan is amended to
conform to the UDC, as amended by this ordinance.
SECTION 4. That all ordinances or parts of ordinances in conflict with this
ordinance are hereby expressly repealed.
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SECTION 5. 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 may 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 as provided in Section 1.10.1
and/or Article 10 of the UDC.
SECTION 7. That 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. This Ordinance shall take effect upon and after publication of this
Ordinance.
Signatures on following page.
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That the foregoing ordinance was read for the first time and passed to its second
reading on this the i 1` day of 0p &. 20 11 , by the following vote:
Joe Adame
Chris Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
That the foregoing ordinan was read for the second time and passed finally on
this the 1311— day of Die , 20 11, by the following vote:
Joe Adame
Chris Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
CLiL_
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
PASSED AND APPROVED this the ).3-11-- day of . 2011.
ATTEST:
Armando Chapa
City Secretary
Joe Adrne
Mayor
APPROVED as to form only: this the30 day of
For Carlos Valdez, City Attorney
gme._ 417a-1
eborah either Bro
Assistant City Attorney
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11.Sec. 7.11 Neighborhood Mixed Use Standards.YD-DWB.FINAL.doc
, 2011.
`9g136
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 5984228
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(S) 029329 which the annexed is a true copy, was inserted in the
Corpus Christi Caller -Times on the 12/19/2011, 12/19/2011.
$ 425.58
2Time(s)
LEGAL SALES REPRESENTIVE
On this 1+1(1 day of FM( ulaq , 2012 I certify that the attached document
is a true and an exact copy madYby publisher.
MICHELLE JOYCE CABRERA
My Commission Expires
March 19, 2016
Notary Public, State of Texas
CALLER TIMES cc: December 19, 2011 a: 5E
Legal Natices 11.10
NOTICE OF ;'
PASSAGE OF
ORDINANCE(S)
029329, .Atnendiing
the Corpus Christi
Unified Development
Code by' ° adding a
new Section 6.6. enti-
tled, "Development
Concept and Special
Overlay Zoning
Districts",:relating to
the establishment
and use of, specific
development concept
overlays and special
overlay zoning'dis-
tricts; .02933.0.,
Amending the Cor-
pus Christi Unified
Development Code
by adding a new Sec-
tion 6.7. entitled,
"Clustered Develop-
ment Overlay Zoning
District", relating to
the use, regulations,
and review standards
for clustered develop-
ment; `:'02933. ,
Amending the Cor-
pus Christi Unified
Development Code
by adding a new. Sec-
tion 6.6. entitled, "Mix
Use Overlay District",
relating to the use,
regulations, and re-
view standards for
mixed .use develop
m"ent; 029332,
Amending the Cor-
pus Christi Unified
Development' Code
by adding a new Sec-
tion 6,1 1.:entitled,
"Uptown -Downtown
Mixed -Use (MUS)
Special Overlay
District"; relating to
the establishment of
a mixed-use special
overlay district pro-
moting mixed-use
development within
the. .uptown and
downtown areas of
the City; 029333,
Amending the Cor-
pus Christi Unified
Development Code
by adding a new Sec-
tion 6.12. entitled,
Target Area Rede-
velopment Special
(TARS) Overlay
District", relating to
the use, regulations,.
and review standards
promoting infill ,and
redevelopment: of
designated targeted
areas within the City
limits; 0.29334,`
Amending the Cor-
pus Christi Unified_
Development Code
by adding' a new Sec-
tion 6.13. erftitl'd,
"Streetscape Zone
Standards", relating
to the use,: regula-
tions and review
standards. for crea-
tion of streetscape
zones; 029335,
Amending the Cor-
pus Christi Unified
Development Code
by adding a new Sec-
tion
ection6.14. entitled,
"Alternative: Housing
Options", relating to.
the use, regulations
and review standards
for alternative hous-
ing options;
ousing:options;: 429338,
Amending the Cor-
pus Christi Unified
Development Code
by adding. anew Sec-
tion 7.11, entitled'
"Neighborhood
Mixed -Use (NMU)
Development
Standards", relating
to the use,.•regula-
,tions and review
1standards,for resit-
dential mixed-use
Idevelopment;.
029337, Amending
the Corpus Christi
Unified Development
Code by adding a
new Section 7.12.
entitled, "Adaptive
Reuse Development.
Standards", relating
to the ;use, regula-
tions. and review
standards for Adap-
tive Reuse and
redevelopment of ex-
isting and historical
structures; amending
conflicting provisions
of; the City's Compre-
hensive Plan;:.
repealing conflicting
ordinances; providing
for penalties, and an
effective date. These
ordinances. were
passed & approved
• on Dec, 13, 2011.
/sl Armando Chapa
City Secretary