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HomeMy WebLinkAbout030769 ORD - 02/16/2016 Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", table 4.3.2 "Permitted Uses", table 4.3.3 "Residential Development Standards (Single-Family Districts)", table 4.3.4 "Housing Types", subsections 5.1.2.A "Household Living", 5.5.3.E.6 "Setbacks (for) Wireless Telecommunication Facilities", 7.5.3.A.1 "Single Tenant Freestanding Sign", 7.5.3.C.1 "Multi- tenant(3 or more tenants) Freestanding Sign", 7.5.27.D.10 "Definition (of) Legible", 8.2.1.6.3 "Street Right-of-Way Dimensional Standards", table 8.2.1.0 "Non-Local Street Standards", and table 8.2.1.D "Rural Street Standards" providing for severance; providing for penalties; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 13, 2016, during a meeting of the Planning Commission, and on Tuesday, February 9, 2016, 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, 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. UDC Article 1, "General Provisions," section 1.11.3 "Defined Terms" is amended by revising the text to read as follows. Article 1. General Provisions 1.11 Definitions 1.11.3: Defined Terms Developer: Any non-taxing agency, person, partnership, firm, association, corporation, or entity who does or participates in platting a tract into improved properties within the intent, scope, and purview of this Code that will ultimately have the ability to obtain building permits for new any construction. Any officer, agent, employee, servant or trustee acting on behalf of a developer shall be subject to the same requirements to the extent the person is acting in a representative capacity. The singular shall include the plural, and the plural shall include the singular. 0307 (30 INDEXED Construction, New: . • - _- __ - . _ - •• - _ - - _ . - _ - - _ -the start of con-struction commenced on or after the effective date of a floodplain management structures. A structure designed, intended, constructed, erected, or moved for the structure's first occupant or tenant. Temporary Use: A non-permanent use of land that lasts, or is permitted to last, for a set amount of time. __ _._ . _ - •_• .! __ ._ __ Contractor: Any person, firm, association or corporation engaged in the business of constructing buildings, either residences or commercial structures, including but not limited to any plumbing, heating, roofing, remodeling, excavating, paving, highway, infrastructure, and utility construction. or altering walks, driveway approaches, curbs, gutters or ._ ••-- _ _ __. • -•-•.- _ _-_ - _ __ • . This term shall also include those who represent themselves to be engaged in the business whether or not actually doing the work. Promotional event: A planned social occasion or activity requiring advertising, publicity, or discounting an event including but not limited to a-carnivals, circuses, fairs, sales events, concerts, functions, or any similar temporary event or amusement enterprise produced for a nonresidential use. SECTION 2. UDC Article 4, "Base Zoning," section 4.3, "Single-Family Residential Districts," subsections/tables 4.3.2, 4.3.3, and 4.3.4 of the UDC, entitled "Permitted Uses" and "Housing Types" are amended by revising the text to read as follows: Article 4. Base Zoning 4.3 Single-Family Residential Districts 4.3.2. Permitted Uses Ordinance-UDC Text Amendments Jan I final rev 2-10-2016 Page 2 of 7 Table 4.3.2 Permitted Uses (Single-family districts) SINGLE-FAMILY DISTRICTS P = Permitted Use SP= Special Permit L=Subject to Limitations FR RE RS- RS RS RS-6 RS- Standards SUE=Special Use Exception 22 - - 4.5 [blank cell] =Not Permitted 15 10 Residential Uses Single-family detached house except P P P P P P P _ Industrialized/Modular Housing L L L L L L L 4.3.7 Manufactured Homes 6.1.1 Zero lot line house [RE provides for 1 acre lots whereby L L L L L L 4.3.5 zero lot line configurations are not necessary.] Traditional house L L L L L 4.3.5 Semi-attached house _ L L 4.3.5 Group home[6 or fewer residences-residents] P P P P P P P Public and Civic Uses 4.3.3. Residential Development Standards (Single Family) Table 4.3.3 Residential Development (single-family districts) SINGLE-FAMILY FR RE RS-22 RS-15 RS-10 RS-6 RS-4.5 Min Lot Area 5 ac. 1 ac. 22,000 , 15,000 10,000 6.000 4,500 Min. Lot Width(Ft.) 150 150 100 50 85 50 45 Min.Yards(ft.) Street 50 50 25 25 25 25 20 Street(corner) 25 25 See 4.2.10 Side(single) 25 25 10 5 5 5 5 Side(total) 50 50 20 1-510 4510 10 10 Rear 25 15 10 5 5 5 5 Min.Open Space 30% 30% 30% 30% 30% Max.Height(ft.) 45 35 35 35 35 35 35 4.3.4. Housing Types Table 4.3.4 Housing Types DESCRIPTION ILLUSTRATION Single-Family Detached House A dwelling unit located on a single lot with private yards on all four sides. (Industrialized/Modular Housing is considered a single-family detached house. See Subsection 1.1101 4.3.7) Ordinance-UDC Text Amendments Jan I final rev 2-10-2016 Page 3 of 7 SECTION 3. UDC Article 5, "Use Regulations", subsections/table 5.1.2.A and 5.5.3.E.6; entitled "Household Living" and "Setbacks" are amended by revising the text to read as follows: Article 5. Use Regulations 5.1 Use Categories 5.1.2.A. Household Living Characteristics: Residential occupancy of a dwelling unit by a household on a month-to-month or longer basis in structures with self-contained dwelling units including kitchens. Principal Uses Accessory Uses Uses Not Included Apartment Accessory dwelling unit* Assisted living facility(see Group Cottage Housing Development Accessory structure that does Living) Manufactured homes or not involve the conduct of Bed and breakfast home or inn, subdivisions business on the lot hotel,motel, inn, extended-stay Semi-attached house Ancillary indoor storage facility(see Overnight Single-family detached house Animal pen* Accommodations) Industrialized/Modular Fenced pasture* Boarding, rooming or lodging Housing Dock or pier(noncommercial) house(see Group Living) Townhouse Children's play area or Fraternity or sorority(see Group Traditional house equipment Living) Two-family house Greenhouse or nursery, Nursing home(see Group Living) Upper-story residential unit personal Zero lot line house Home occupation* Off-street parking of occupants' registered vehicles Private garage*, barbecue pit, carport, tool or garden shed, storage unit,swimming pool Raising of domesticated pets Residential leasing office in an RM District Satellite dish antenna under 3.2 feet* *See additional standards in Subsection 5.3.2 5.5 Wireless Telecommunication Facilities 5.5.3.E : Setbacks 6. The City Council The Board of Adiustment may allow the construction of wireless telecommunication facility that is adjacent to a residential dwelling within the setback required by this subsection if the tower including any antennas and other devices installed on the tower, are built to substantially higher wind load standards. The setback from the nearest residential structure may be reduced to the minimum required yard setbacks if the tower will withstand a sustained wind speed of 130 mph, which is equal to the highest recorded sustained wind speeds experienced within the City. Ordinance-UDC Text Amendments Jan I final rev 2-10-2016 Page 4 of 7 SECTION 4.UDC Article 7, "General Development Standards", section 7.5 "Signs", subsections 7.5.3.A, 7.5.3.C, and 7.5.27.D entitled "Single Tenant Freestanding Sign", "Multi-tenant (3 or more tenants) Freestanding Sign", and "Definitions of Specific Words" are amended by revising the text to read as follows: Article 7: General Development Standards 7.5 Signs 7.5.3.A Single Tenant Freestanding Sign 1.Freestanding signs placed within this minimum front yard depth as specified in Article 4 are not to exceed 64 square feet in area er-and 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. 7.5.3.0 Multi-tenant (3 or more tenants) Freestanding Sign 1.Freestanding signs placed within the minimum front yard depth as specified in Article 4 are not to exceed 64 square feet in area er-and 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. 7.5.27.D Definitions of Specific Words 10. Legible. A sign or message is "Legible" when it can be understood by a person with an eighth-grade education (or more). Where this Section requires a determination of"visibility" or "legibility," the standard may be based on the eyesight of an adult eligible to receive a Florida Texas driver's license (wearing any corrective lenses required by such license). Where the height of the person is material to the determination, the person may be presumed to be more than 5 feet and less than 6 feet tall. SECTION 5. UDC Article 8," Subdivision Design and Improvements," subsection/tables 8.2.1.8.3, 8.2.1.C, and 8.2.1.D, entitled "Street Right-of-Way Dimensional Standards" are amended by revising the text to read as follows: Article 8 Subdivision Design and Improvements 8.2 Design Standards 8.2.1.6.3 The dedication of all streets shall be in fee simple. the form of street right-of-way (ROW) easements. Ordinance-UDC Text Amendments Jan I final rev 2-10-2016 Page 5 of 7 Table 8.2.1.0 Non-Local Street Standards Table Back of Avg. Daily Trips ROW BB Through Median/ Spacing Sidewalk** Curb to Width Width Lanes Turn (miles) (ft.) Property (ft.) (ft.) Lane Line (ft.) Non-local Streets* Minor Res. 60 40 2 No 0.25 to 5 10 1,000-3,000 Collector jC1) 0.50 Secondary 65 41 3 Center 0.25 to 5 12 2,000-5,250- Collector(C2) turn 0.50 5,500 Primary 0.25 to Collector(C3) 75 50 4 No 0.50 5 12.5 4,000—8,500 8,250 Parkway 40 2 -- 0.25 to 5 14.5 to 1,000 3,000 Collector (P1) 0.50 25.5 550 Minor Arterial(Al) 95 64 4 Center 1.0 to 5 15.5 15,000-24,000 turn 1.5 Secondary 100 54 4 Median 1.0 to 5 15 20,000- 32,000 Arterial (A2) 1.5 26;500 Primary Arterial 130 79 6 Median 1.0 to 5 17.5 30,000- 48,000 (A3) 1.5 36;000 Freeway(FR) 400 Varies 4-10 Median -- No 19 -- 60,000—200,000 *Non-local streets contain curb, gutter and underground drainage. *:Sidewalks are not required in industrial areas. Table 8.2.1.D Rural Street Standards ROW V-Ditch Roadside Width Pavement Lanes or Left Bikeway Sidewalk* Ditch (ft.) Width(ft.) Turn Capable Width Local rural Streets 60 26 2 -- No No 34 Minor Rural 125 44 2 -- No No 40.5 Arterial (RA1 j Secondary Rural 150 82 4 Center No No 41.5 turn shoulder j RA2l Primary Rural 250 76 4 Median No No 48 Arterial v-ditch shoulder (RA3( *Sidewalks are not required in industrial areas. Ordinance-UDC Text Amendments Jan I final rev 2-10-2016 Page 6 of 7 SECTION 6. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgement 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 of this ordinance be given full force and effect for its purpose. SECTION 7. 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 8. 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. Th tt e�foregoi g ordinance wastreadfor the first time and passed to its second reading on this the �of G y the following vote: Nelda Martinez i Brian Rosas 0 ________4_ Rudy Garza I . 1: Lucy Rubio /4,} 4� Chad Magill (X,( 11 Mark Scott a/104UL+ Colleen McIntyre 1Carolyn Vaughn Lillian Riojas i i r !. l,,1 —) Th.4 the foregoing ordinance was read for the second time and passed finally on this the _ I W day of 32beticUaLia, c9t kr, by the following vote: Nelda Martinez /_, ! Brian Rosas _42_ Rudy Garza ,..,A l Lucy Rubio i _ i Chad Magill , ' Mark Scott ir..�: Colleen McIntyre SI = Carolyn Vaughn 11. Lillian Riojas ` OL PASSED AND APPROVED, this the I day of I Lk I(o ATTEST: Tç4 ecca HuertaNeayorlda Martinez 'ty Secretary1 M EFFECTIVE DATE rdinance UD Text A endments J n I final rev 2 10 2016 Page 7 of 7 0307 (30 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 949757 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 02/22/16 Mon CC-Internet - caller.com I 0 22/16 Mon GAL SALES REPRESENTATIVE On thitS day of , 20 I certify that the attached document is a true and exact copy made by publisher. Notary Public, State of Texas MICHELLE JOYCE CABRERA My Notary ID#124864183 ............ Expires March 19,2020 2E» Monday, February 22,2016»CALLER-TIMES Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO.030769 Ordinance amend- ing the Unified Development Code by revising subsec- tion 1.11.3 "Defined Terms", table 4.3.2 "Permitted Uses", table 4.3.3 "Residen- tial Development Standards (Single-Family Districts)", table 4.3.4"Housing Types", subsections 5.1.2.A "House- hold.Living", 5.5.3.E.6 "Set- backs (for) Wireless Tele- communication Facilities", 7.5.3.A.1 "Single Tenant Freestanding Sign",7.5.3.C.1 "Multi-tenant (3 or more tenants)Freestanding Sign", 7.5.27.D.10 "Definition (of) Legible", 8.2.1.8.3 "Street Right-of-Way Dimensional Standards", table 8.2.1.0 "Non-Local Street Stan- dards", and table 8.2.1.D "Rural Street Standards" providing for severance; providing for penalties;pro- viding for publication. This ordinance was passed and approved on second read- ing by the Corpus Christi City Council on February 16, 2016. /s/Rebecca Huerta City Secretary