Loading...
HomeMy WebLinkAbout029698 ORD - 12/18/2012Ordinance amending the Unified Development Code ("UDC") by establishing new section 4.8 "Compatible Districts" in Article 4 "Base Zoning Districts" and revising related provisions of the UDC to include the "Table of Contents" and subsections 1.11.2 "Abbreviations," 1.11.3 "Defined Terms," 7.4.3 "Allowed Outside Display, Sales and Storage," 7.5.3.A "Single Tenant Freestanding Sign," 7.5.3.0 "Multi -Tenant (3 or more Tenants) Freestanding Sign," and 7.9.5 "Zoning District Buffer Yard—New Development;" amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, severance, penalties, publication, and an effective date. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding an amendment to the UDC for creation of two new zoning districts, the Commercial Compatible District and the Industrial Compatible District: WHEREAS, the City Council has determined that certain uses which may congregate Targe groups of people, such as schools, churches, and commercial and industrial uses, may not be appropriate under airport flight zones or near hazardous public or private industrial facilities; WHEREAS, the City Council has determined that this amendment to the UDC to establish two new commercial and industrial compatible use districts is necessary to protect the public health, safety, and general welfare of the City of Corpus Christi and its citizens; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 26, 2012, during a meeting of the Planning Commission, and on Tuesday, December 11, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") is amended by establishing new section 4.8 "Compatible Districts," including its subparts and Tables 4.8.2 and 4.8.3, under Article 4 "Base Zoning Districts" to read as follows: "§ 4.8 Compatible Districts "4.8.1 Purno - tatements "A. Commercial Compatible District 6287ea50-4ac8-464d-9770-9b4348fa8d05.docx Page 1 of 12 t 29x98 INDEXED "The Commercial Compatible ("CC") District provides for a wide range of business uses in appropriate locations, which can provide a buffer between residential uses and intensive public facilities, private businesses and manufacturing uses which could present a threat to public health, safety and welfare. District uses are not characterized by uses that congregate large groups of people, unscreened outdoor storage, or uses that create nuisance factors of dust, odor and noise associated with certain business and manufacturing uses. "B. Industrial Compatible District "The industrial Compatible ("IC") District provides for a wide range of industrial uses in appropriate locations, which can provide a buffer between residential uses and intensive public facilities, private businesses and manufacturing uses which could present a threat to public health, safety and welfare. District uses are not characterized by uses that congregate large groups of people, unscreened outdoor storage, or uses that create nuisance factors of dust, odor and noise associated with certain business and manufacturing uses. "4.8.2. Permitted Uses "The following principal uses are permitted by right, permitted subject to limitations, or require a special use exception or special permit in the "CC" Commercial Compatible and "IC" Industrial Compatible zoning districts. Uses may be subject to additional limitations as specified in Section 6.5 when located inside a Navy Air Installation Compatible Use Zone ("AICUZ") (which includes Clear and Accident Potential Zones 1 and 2). "Table 4.8.2. Permitted Uses COMMERCIAL AND INDUSTRIAL COMPATIBLE DISTRICTS' P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted U1 U Maximum Floor 21 N Public and Civic Uses Government Facility Uses [5.1.3.D1 except for: P P 0.1 1 6287ea50-4ac8-464d-9770-9b4348fa8d05.docx Page 2 of 12 Detention facility; auditorium; cafeteria; fuel storage, above around; helipad, heliport or landing field. Parks and Open Area Uses [5.1.3.F] P P 0.11 except for: Clubhouse; Concessions; Reservoir. Social Service Uses - Treatment Centers P P 0.11 only, provided, there are no residents Utilities, minor [5.1.3J] except for: P P 5.2.6 Storm water retention facilities Commercial Uses Commercial Parking Uses [5.1.4.A] P P Office Uses [5.1.4.C] except for: P P 0.1 1 TV and radio studio. Truck stop provided no -overnight P 0.11 4.6.2 accommodations Retail Sales and Service Uses, sales- and P P 0.11 5.2.12 service-oriented [5.1.4.G] Includes personal service uses Retail Sales and Service Uses, repair- P P 0.1 1 5.2.13 oriented ]5.1.4.G1 except for: Vocational trade or business school Farmers market P P 0.1 1 5.2.9 Self -Service Storage Uses [5.1.4.HJ P P 1.00 5.2.14 Crematorium (animal) P 0.11 Vehicle Sales and Service Uses [5.1.4.1] P P 0.11 Water -Oriented Uses [5.1.4.11 except for: P P 0.1 1 Restaurants; Ferry/water taxi, Fuel storage above ground 6287ea50-4ac8-464d-9770-9b4348faSd05.docx Page 3 of 12 Industrial Uses Light Industrial Service Uses [5.1.5.A], P 0.14 5.2.17 except for: Fuel storageabove ground; cafeterias; Laboratory, research or experimental P 0.14 Warehouse and Freight Movement Uses P 1_0 p.1.5.B] except for : Stockpiling of sand, gravel, or other aaaregate materials; Fuel Storage above ground Waste -Related Service, only including P 0.14 Recycling Center and Solid or liquid waste transfer (no composting) Land Fill; Fuel Storage above ground 5.2.23 Wholesales Trade Uses [5.1.5.D1 except P P 0.28 5.2.16 for: Cafeteria Other Uses Kennel or animal shelter, indoor P 5.2.18 Kennel or animal shelter, indoor or P 5.2.18 outdoor Pasturage P P Grazing P P 'The uses in Table 4.8.2 shall not allow a density greater than 50 occupants per acre. "Table 4.8.3. Nonresidential Use Min Lot Area (sq. ft.) CC`: IC Min. Lot Width (ft.) 6287ea50-4ac8-464d-9770-9134348fa8d05.docx Page 4 of 12 Min. Yards (ft.) Street Street (corner} 20 20 20 20 Side (single) Side (total) 5 10 5 10 Rear 10 10 Side and rear, abutting res. district See Section 4.2.8.0 Max Height (ft.) 25 25 SECTION 2. The "Table of Contents" page of the UDC is amended by revising the table to include a reference to new section 4.8, to be titled "Compatible Districts," which section will follow existing page 195, use pagination beginning with page 195-1 and numbered sequentially to include the content contained in Section 1 of this ordinance, and end prior to page 196, at which point an introductory table begins for section 5.1 of the UDC. SECTION 3. Subsection 1.11.2 of the UDC, entitled "Abbreviations," is amended by revising the subsection to include the terms for the Commercial Compatible District and Industrial Compatible District, denoted as "CC" and "IC" respectively, to read as follows: "§ 1.11.2 Abbreviations Abbreviation Term CC Commercial Compatible District IC Industrial Compatible District SECTION 4. Subsection 1.11.3 of the UDC, entitled "Defined Terms," is amended by revising the subsection to include a new term "Floor Area Ratio," defined to read as fol lows: "Floor Area Ratio (FAR): The area of a building or buildings on a lot divided by the lot area." SECTION 5. Subsection 7.4.3 of the UDC and its corresponding Table 7.4.3 are amended by revising the table to read as follows: "7.4.3 Allowed Outside Display. Sales and Storage 6287ea50-4ac8-464d-9770-9b4348fa8d05.docx Page 5 of 12 "Three types of storage shall be allowed in the zoning districts designated in the table. Outside retail display may be allowed in nonresidential zoning districts not designated in the table in accordance with the procedures for obtaining a special permit in Section 3.6. "Table 7.4.3 Allowable Storage (per zoning district) Category N,C Outside Retail Display 11, IN, IC Outside Retail Sales Outside Storage SECTION 6. Subsection 7.5.3.A of the UDC, entitled "Single Tenant Freestanding Sign," is amended by revising the subsection to read as follows: "7.5.3.A Single Tenant Freestanding Sign "One freestanding sign shall be permitted per street frontage or per lot and shall pertain only to the uses conducted within the buildings located on the premise. Changeable copy signs, including automatic changeable copy signs are allowed as provided in Subsection 7.5.12. "1. Freestanding signs placed within this minimum front yard depth as specified in Article 4 are not to exceed 64 feet in area or 20 feet in height. Such sign located within the front yard shall not overhang or project into the public right-of- way nor utilize or incorporate flashing illumination. In the event two front yards overlap at a corner, the area of overlap shall be designated as only one front yard. "2. Freestanding signs located beyond the front yard requirement in the "ON" Neighborhood Office District, "CN - 1" Neighborhood Commercial District, "CN -2" Commercial Business District, "CG -1" General Commercial District, "CG -2" General Commercial District, "Cl" Intensive Commercial District, "CBD" Downtown Commercial District, "IL" Light Industrial District and 1H" Heavy Industrial District, "CC" Commercial Compatible District and "IC" Industrial Compatible District are regulated per street type as classified in the Urban Transportation Plan and as listed below and per Subsection 7.5.4 Arterial Street Sections Regulated as Collector Street Sections: 6287ea50-4ac8-464d-9770-9b4348fa8d05.docx Page 6 of 12 "a. * * "3. * SECTION 7. Subsection 7.5.3.0 of the UDC, entitled "Multi -Tenant (3 or more Tenants) Freestanding Sign," is amended by revising the subsection to read as follows: "7.5.3.0 Multi -Tenant (3 or more Tenants) Freestanding Sign "One freestanding sign for building/same project/development of 25,000 square feet or less or two freestanding signs for building/same project development greater than 25,000 square feet shall be permitted, per street frontage, per lot or individual primary building and shall pertain only to the uses conducted within the buildings located on the premise. Signs for building/same project/development shall be separated by a minimum of 150 feet. Changeable copy signs, including automatic changeable copy signs are allowed as provided in Subsection 7.5.12. "1. Freestanding signs placed within the minimum front yard depth as specified in Article 4 are not to exceed 64 feet in area or 20 feet in height. Such sign located within the front yard shall not overhang or project into the public right-of- way nor utilize or incorporate flashing illumination. In the event of two front yards overlap at a corner, the area of overlap shall be designated as only one front yard. "2. Freestanding signs located beyond the front yard requirement in the "ON" Neighborhood Office District, "CN - 1" Neighborhood Commercial District, "CN -2" Commercial Business District, "CG -1" General Commercial District, "CG -2" General Commercial District, "Cl" Intensive Commercial District, "CBD" Downtown Commercial District, "IL" Light Industrial District and; "IH" Heavy Industrial, "CC" Commercial Compatible District and "IC" Industrial Compatible District are regulated per street type as classified in the Urban Transportation Plan and as listed below and per Subsection 7.5.4 Arterial Street Sections Regulated as Collector Street Sections: "a. * * * * * * 6287ea50-4ac8-4644-9770-9b4348fa8d05.docx Page 7 of 12 "3. * * *„ SECTION 8. Subsection 7.5.15 of the UDC, entitled "Multi -Tenant (3 or more Tenants) Freestanding Sign," is amended by revising the subsection to read as follows: "7.5.15 Permanent Signs Allowed in the Business and Industrial Districts. "The following freestanding and wall signs may be allowed in the business, professional office and industrial districts, including the overlay districts, except to the extent specifically modified by the rules in a particular district. Where the rules for a specific district deviate from these general rules, the specific deviation may be effective in that district, subject to its terms, but the remainder of the general rules in this Section may apply in that district. "A. Applicability "1. The provisions of this Section may apply to the following districts: ON, Office; CN, Neighborhood Commercial; CR, Resort Commercial; CG, General Commercial; CI, Intensive Commercial; CBD Downtown Commercial; BP, Business Park; 1-2; and IH, Heavy Industrial; CC, Commercial Compatible; and IC, Industrial Compatible. "2. * B. * * * "C. Table of Sign Types "A sign type listed below is allowed as a permanent sign in any district which contains a "P" in the cell where the district intersects that sign type and prohibited in any district which contains an "NP" in the cell where the district intersects that sign type. Sign types allowed are further limited by height, size and other restrictions included elsewhere in this Section. 6287ea50-4ac8-464d-9770-964348fa8d05.docx Page 8 of 12 "P in a cell means that the sign type or characteristic is allowed in that district, subject to additional dimensional and other standards set forth for individual districts. "NP in a cell means that the sign type or characteristic is not allowed in that district. "NOTES TO TABLE: "1. For design standards for wall signs, see Subsection 7.5.3. 6287ea50-4ac8-464d-9770-9b4348fa8d05.docx Page 9 of 12 "2. For design standards for canopy or marquee signs, see Subsection 7.5.9. "3. For design and operating standards for automatic changeable copy signs, see Subsection 7.5.12. "4. For standards for the size, location and replacement of billboards, see Subsection 7.5.21." SECTION 9. Subsection 7.5.20 of the UDC, entitled "Temporary and Portable Signs Allowed in the Nonresidential Districts," is amended by revising the subsection to read as follows: "7.5.20. Temporary and Portable Signs Allowed in the Nonresidential Districts "A. Applicability "The provisions of this Section may apply to the following districts: RM -3, Multi -family 3; ON, Office; CN, Neighborhood Commercial; CR, Resort Commercial; CG, General Commercial; CI, Intensive Commercial; CBD, Downtown Commercial; 10, Island Overlay; BP, Business Park; IL, Light Industrial; and–IH, Heavy Industrial; CC, Commercial Compatible; and IC, Industrial Compatible. "B. "C. Portable Signs Generally "Portable signs are allowed in the following districts: 10, Island Overlay; CR -1 District; BP District. Portable signs. are not allowed in the following districts: ON District; CN Districts; CR -2 District; CR -3 District; CG Districts; IL District; IH District; CC District; and IC District. "D. * * * ,. SECTION 10. Subsection 7.9.5 of the UDC, entitled "Zoning District Buffer Yard—New Development," is amended by revising the subsection to read as follows: "7.9.5 Zoning District Buffer Yard – New Development "A. Requirements – New Development "The following table shall be used to determine the type of zoning district buffer yard required between adjacent zoning districts. 6287ea50-4ac8-464d-9770-9b4348fa8d05.docx Page 10 of 12 "Table 7.9.5.A Required Zoning District Buffer yard (New Development) Subject Property Zoning District FR3 RE, RS - Adjacent RS-TH, RS -TF Property RM, R -MH, RV, Zoning CN1, ON CR District - CN2,CG, CI,BP, CBD IL IH CC IC FR -- -- -- A A A A AI A RE, RS -- -- -- B B C D E C D RS-TH, RS -TF -- — -- B B C D E C D RM, R -MH, RV A B B -- A A C E A C CN1, ON, CR A B B A -- -- B D — B CN2,CG, CI, BP,CBD, CC A C C A -- A C — A IL IC A D D C 8 A -- A A -- IH A E E E C C A -- C A 1- Nonresidential development with a single user of 25,000 sf or less. 2 -- Nonresidential development with a single user of more than 25,000 sf. 3 -When an abutting parcel is vacant and zoned Farm Rural, the parcel developed second is responsible for the installation of a zoning district buffer yard." SECTION 11. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 12. All ordinances or parts of ordinances in conflict with this ordinance are expressly repealed. SECTION 13. If, for any reason, any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance is held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, para- graph, subdivision, sentence, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 14. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. Unless otherwise specifically stated within the provisions of this ordinance or the Code of Ordinances, City of Corpus Christi, any violation of this ordinance or the requirements implemented under this ordinance that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shall require a culpable mental state of "criminal negligence." SECTION 15. 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 16. This ordinance takes effect on the day following the date of publication. 6287ea50-4ac8-464d-9770-9b4348fa8d05.docx Page 11 of 12 The foregoin rdinance was r ad for the first time and passed to its second reading on this the day of &Q(� , 2012, by the following votes: Nelda Martinez Kelley Allen Rudy Garza, Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The fore oin inance was r �dfor the eco d time and passed final) on this the g day of &NNW , 2012, by the folk ing votes: Nelda Martinez Kelley Allen Rudy Garza, Jr. Priscilla G. Leal David Loeb PASSED AND APPROVED this the ATTEST: A/n,a08(%.-- Armando Chapa City Secretary 464d-9770-9b4348fa8d05.docx Chad Magill Colleen McIntyre Lillian Riojas Mark Scott ti day of Neuvutoe4._ Nelda Martinez Mayor 0296-98 Page 12 of 12 2012. CORPUS CHRISTI Cale ''11 Sales Rep: Felicia Lewis (C91) caller.com Phone: (361) 886-3714 Date: 12/20/12 Account Number: 172983 (CC18438) Company Name: CITY OF CORPUS CHRISTI Contact Name: Email: lawsong@caller.com Address: PO BOX 9277, CORPUS CHRISTI, TX, 784699277 Phone: (361) 826-3636 Fax: (000) 000-0000 Email: LewisF@caller.com This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account rep at . Ad Id: 135355 P.O. No.: Total Cost: $153.45 Tag Line: NOTICE OF PASSAGE OF ORDINANCE(S) 02 Start Date: 12/24/12 Number of Xs: 1 Stop Date: 12/24/12 Class: 16130 - Legals Publications: CC -Corpus Christi Caller -Times, CC-Intemet - caller.com ()EN ke IUFw, Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, E. W. Scripps reserves the right to categorize, edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 361-883-1111. Allowance may not be made for errors reported past the second print date. The Corpus Christi Caller -Times may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for which the ad did not run. T agree this ad is accurate and as ordered. NOTICE OF PASSAGE OF ORDINANCE(S) 029698, Ordinance amending the Unified Development Code ("UDC") by establish- ing new section 4.8 "Com- patible Districts" in Article 4 "Base Zoning Districts" and revising related provi- sions of the UDC to include the "Table of Contents" and subsections 1.11.2 "Abbre- viations," 1.11.3 "Defined Terms," 7.4.3 "Allowed Out- side Display, Sales and Stor- age," 7.5.3.A "Single Tenant Freestanding Sign," 7.5.3.0 "Multi Tenant (3 or more Ten- ants) Freestanding Sign," and 7.9.5 "Zoning District Buffer Yard New Develop- ment;" amending the Com- prehensive Plan to account for any deviations; providing for a repealer clause, sever- ance, penalties, publication, and an effective date. This ordinance was passed and approved on Dec. 18, 2012. This ord. takes effect on Dec. 25, 2012. /s/ Armando Chapa City Secretary