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Home My WebLink About030400 ORD - 01/20/2015 Ordinance Amending the Unified Development Code by revising subsections 5.2.7 to enhance enforcement of bar, taverns, or pub zoning; amending the Unified Development Code by revising subsections 5.1.4.F to correct an error in the text for restaurant accessory use; and providing for severance, penalty, publication, and effective date. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City of Corpus Christi, Texas ("City") Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 19, 2014, during a meeting of the Planning Commission, and on Tuesday, January 13, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That UDC subsection 5.2.7. Bar, Tavern, or Pub is amended by revising the text to read as follows: 5.2.7. Bar, Tavern, or Pub A bar, tavern or pub shall be permitted in accordance with the use tables in Article 4 provided that the bar, tavern or pub shall not be located any closer than 1,000 feet from a place of worship, or elementary, middle or high school and 300 feet from a Day Care use. To ensure compliance with this subsection, any establishment engaged in the retail sale of alcoholic beverages for on-premise consumption shall provide upon request by a City Code Enforcement Official verified copies of either, I) the previous quarterly or the previous three monthly sales tax reports and the gross receipts tax reports for the same periods, if the establishment pays the gross receipt tax or 2)the previous three months alcohol sales and sales tax information and other information or documents sufficient to determine the percentaqe of alcohol sales, if the establishment does not pay the gross receipts tax. Failure to provide the documentation requested or accurately maintain required records is prima facie evidence that the establishment is a bar, tavern or pub. 0130i40O INDEXED SECTION 2. That UDC subsection 5.1.4.F is amended by revising the text to read as follows: 5.1.4.F. Restaurant Characteristics:Establishments that .re+are and sell food for on-or off-premise consumption. Principal Uses Accessory Uses Uses Not Included Catering establishment,small- Bac Bar, tavern or club(see Indoor scale Decks and patios for outdoor Recreation) Fast-food restaurant seating Catering establishment, large-scale Outdoor vendors with permanent Drive-through or drive-in facility (se Light Industrial Service) facility Off-street customer and Membership club or lodge(see Pizza delivery establishment employee parking Indoor Recreation) Restaurant Satellite dish antenna under Yogurt or ice cream shop 3.2 feet* Valet parking facility SECTION 3. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be 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, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 4. 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. SECTION 5. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 6. This ordinance is effective immediately upon passage. That the foregoing or finance was read for the first time and passed to its second reading on this the l day of 444, „i,_..4,f11j, 2 6by the following vote: Nelda Martinez a Brian Rosas _____CL/k____ Rudy Garza _..610 Lucy Rubio ,. A r Chad Magill _,i 1! Mark Scott # Colleen McIntyre . �. Carolyn Vaughn i/ / Lillian Riojas � 1 A i That the fo egoing ordi ance was read for the second time and passed finally on this the oO day of a ec , L5, by the following vote: / I i Nelda Martinez ,, Brian Rosas LAI Rudy Garza L I Lucy Rubio / L. Chad Magill / Mark Scott I %,�_ Colleen McIntyreI Carolyn Vaughn i , Lillian Riojas -----1-aL—alL s PASSED AND APPROVED, this the X th day of A,,/..‘.,W , a 6. ATTEST: T2e_iczcx.e., 4„e„tz, Rebecca Huerta Nelda artin City Secretary Mayor • EFFECTIVE DATE 1 /2O/I5 030100 • PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI Coun3of Nueces } Ad#455779 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 REPRESENATIVE 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)NO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 01/26/15 Mon CC-Internet - caller.com 01/26/15 on LEGAL SALES REPRESENTATIVE H^ On this .c), day ofr1,l.kt LL , 201 5 I certify that the attached document is a true and exact copy made by p blisher. 9p _�" hig"' P.PEREZ _ '" - Nota Public, State of Texas MY coMMISSION EXPIRES *of 1 r' Febn�ary 27,2017 i,1N • 4E January 26,2015 CALLER TIMES NOTICE OF PASSAGE OF Id ORDINANCE(S) NO. 030400, Ordinance amending the Unified Devel- opment Code by revising subsections 5.2.7 to enhance enforcement of bar,taverns, or pub zoning;amending the Unified Development Code by revising subsections 5.1.4.F to correct an error in the text for restaurant accessory use; NO. 030403, Ordinance amending Chap- ter 57, Article V "AUTOW- RECKERS" of the Corpus Christi Code by modifying permitting, regulatory, and enforcement procedures of auto wreckers. increas- ing fees for substitution of vehicle, and increasing wrecker service fees; NO. 030405, Ordinance amend- ing Chapter 2 and Chapter 6 of the Corpus Christi Code to reassign Animal Care Ser- vices roles and responsibil- ities; to designate the Ani- mal Care Services Manager as the Local Rabies Control Authority;to establish a fee schedule; authorizing waiv- er of fees;providing Animal Control Service Manager authority to prohibit dan- gerous dogs within the City; eliminating $25 refund for sterilization of adopted ani- mals; prohibiting traps with holding mechanisms; to modify the name of Animal Control Advisory Commit- tee;to modify the ex officio members; to designate the Animal Care Advisory Com- mittee as the Animal Shelter Committee; providing for severance,penalty,publica- tion;and providing an effec- tive date.These ordinances were passed and approved on second reading by the City Council on January 20, 2015. /s/ Rebecca Huerta City Secretary