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Home My WebLink About031205 ORD - 08/08/2017 Ordinance amending the Unified Development Code to codify Community Home use in residential districts; providing for severance; providing for penalty; providing for publication; and effective date. WHERAS, use of a Community Home in a residential district may not be restricted pursuant to Texas Human Resource Code §123.003 (a) as follows: "(a) The use and operation of a community home that meets the qualifications imposed under this chapter is a use by right that is authorized in any district zoned as residential." WHEREAS, the Planning Commission has recommended the City Council approve 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, June 14, 2017, during a meeting of the Planning Commission, and on Tuesday, July 25, 2017, 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. Article 1, Section 1.11, subsection 1.11.3 entitled "Defined Terms" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Community Home: A place where food, shelter, personal guidance, care, habilitation services and supervision are provided to not more than six persons with a disability and meets the requirements and limitations of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. SECTION 2. Article 4, Section 4.3, subsection 4.3.2, Table 4.3.2 entitled "Permitted Uses (single- family district)"; Section 4.4, subsection 4.4.2, Table 4.4.2 entitled "Permitted Uses (Multifamily)"; and Section 4.5, subsection 4.5.2, Table 4.5.2 entitled "Permitted Uses (commercial zoning districts)" are being amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 031205 Page 1 INDEXED Table 4.3.2 Permitted Uses (Single-family districts) SINGLE-FAMILY DISTRICTS P= Permitted Use SP=Special Permit L=Subject to Limitations [blank cell] = FR RE RS- RS- RS- RS- RS- Standards SUE=Special Use Exception Not Permitted 22 15 10 6 4.5 Residential Uses Single-familydetached house except: P P P P P P P Industrialized/Modular Housing L L L L L L L 4.3.7 Manufactured Housing 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 Traditional house L L L L L 4.3.5 Semi-attached house L L 4.3.5 Group home(6 or fewer residents) P P P P P P P Community Home P P P P P P P 5.2.26 Table 4.4.2 Permitted Uses (multifamily districts) MULTIFAMILY DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] =Not Permitted RS- RS-TH RM-1 RM-2 RM-3 RM-AT Standards Residential Uses Single-familydetachedhouse P P P P P Zero lot line house L L L L L 4.3.5 Traditional house P P P P P Semi-attached house P P P P P Two-family house P P P P P Townhouse P P P P P P Apartment P P P P CottageHousingDevelopment P P P P P P 4.7 Group home(6 or fewer residents) P g P g g g Group Living Uses except for: P P P P Nursing or convalescent home P P Group home (6 or fewer residents.) P P P P P P Community Home P P P P P P 5.2.26 Page 2 SECTION 3. Article 5, Section 5.1, subsection 5.1.2.6 entitled "Group Living"; Section 5.2 entitled "Specific Standards" by adding subsection 5.2.26 entitled "Community Homes" of the UDC are amended by the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 5.1.2.B. Group Living Characteristics:Residential occupancy of a structure by a group of people that does not meet the definition of Household Living.Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents,and the residents may receive care or training. Principal Uses Accessory Uses Uses Not Included Assisted living facility Associated office Alternative or post-incarceration Boarding, rooming or lodging Food preparation and dining facility(see Social Service) house facility Bed and breakfast home or inn, Community Home Off-street parking of vehicles hotel,motel,inn,extended-stay Dormitory for occupants and staff facility(see Overnight Group home(6 or fewer residents) Recreational facility Accommodations) Hospice Satellite dish antenna under Group home for the physically,, Fraternity or sorority 3.2 feet* mentally and emotionally Monastery or convent challenged that are not Nursing home considered single-family Orphanage residences(7 or more residents) (see Social Service) Group home for drug and alcohol treatment(see Social Service) Hotel or motel(see Overnight Accommodations) Transient lodging or shelter for the homeless(see Social Service) Treatment center(see Social Service) `See additional standards in Subsection 5.3.2 (Ordinance 030769,02/16/2016) 5.2.26 Community Home A. Use The use and operation of a Community Home for Disabled Persons that meets the requirements of the Community Homes for Disabled Persons Location Act, Chapter 123 Texas Human Resources Code is authorized in any residential zoning district. B. Limitation on Number of Residents Not more than six persons with disabilities and two supervisors may reside in a Community Home at the same time. The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another. C. Licensing requirement A Community Home must meet all applicable licensing requirements of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. D. Location requirement Within a residential zoning district, a Community Home may not be established within one-half mile of an existing community home. E. Limitation on the Number of Motor Vehicles Residents of a Community Home may not keep, on the premises of a Community Home or on the public rights-of-way adjacent to the Community Home, more than one motor vehicle per bedroom for the use of residents of the home. Page 3 SECTION 4. 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 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 7. This ordinance is effective immediately upon passage. Page 4 That the foregoin• ord. ance was read for the first time and passed to its second reading on this the \ +day of ,L` 2017, by the following vote: Joe McComb (, o Ben Molina ,Q, 1 Rud Garza ( .) Luc Rubio / 4f YY 0 / Paulette Guajardo I,/ Greg Smith f ,r , Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel l Q-13-.,That the fore•.ing ordin.nce was read for the second time and passed finally on this the day of ` 'Ll,t 2017, by the following vote: Joe McComb 0.,tat_ Ben Molina a_ __ Rudy Garza I ! Lucy Rubio ___a(id) ,Z Paulette Guajardo I , • , Greg Smith ___012-2_ Michael Hunter (1(..,d1 , Carolyn Vaughn l x Debbie Lindsey-Opel 4, ! PASSED AND APPROVED on this the El day of /, , , 2017. 0 ATTEST: k ' 47.,' ' 14AA,6iY/104—//--- Re.- - . - . - Jo cComb Cit Secretary M or EFFECTIVE DATE 8i Li I f ( 312 )5 Pages /977á PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 1677828 PO# Before me,the undersigned, a Notary Public,this day personally came 6. La Lod dr) , 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 PUBLIC HEARING Whereas, an which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 07/09/17 Sun SCANN CC-Internet - caller.com 07/09/17 Sun •�E,;� LEGAL SALES REPRESENTATIVE Q On this I O day of •‘i,L.LLI‘ , 20 I 1 I certify that the attached document is a true and exact copy made by pub c sher. Notar Public, State of Texas _ttl t 'y; SYLVIA P PEREZ :•= My Notary ID#126819013 ...... Expires February 27,2021 6E Sunday,July 9,2017 Caller-Times Legais NOTICE OF PUBLIC HEARING Whereas, an amendment to the Unified Development Code (UDC) has been pro- posed to the us Chris- ti City C uncil to pconsider: Adding Article 5 Section 5.2.26 entitled "Community Home" to the UDC to codi- fy CommunityHome use in residential dstricts. NOW, THERFORE,NOTICE IS HERE- BY GIVEN TO THE PUBLIC that a public hearing on the proposed amendment to the UDC will be held by the Cor- pus Christi City Council in the Council Chambers of City Hall, 1201 Leopard Street, in the City of Corpus Christi, Texas, on Tuesday, July 25, 2017,after 11:30 a.m.,during the regular Council meeting, at which time and place all persons and parties or their agents may appear and be heard by the City Council. /s/Rebecca Huerta City Secretary PUBLISHER'S AFFIDAVIT State of Texas I CITY OF CORPUS CHRISTI County of Nueces , Ad# 1715856 PO# //-�� Before me,the undersigned. a Notary Public,this day personally came �-I La W Jo , 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 08/14/17 Mon CC-Internet- caller.com 08/14/17 Mon r , 4. ��,� LEGAL SALES REPRESENTATIVE On this��day of ilU , 20 i l 1 certify that the attached document is a true and exact copy made by publis4 '. Ffot y tP Iblic. State ofTe.xas j� _ SYLVIA P PEREZ My Notary ID a 126819013 1 :1 Expires February 27,2021 10B Monday,August 14,2017 Caller-Times Legals NOTICE OF PASSAGE OF ORDINANCE NO. 031205, Ordnance amending the Unified Devel- opment Code to codify Com- munity Home use in resi- dential districts; providing for severance;providing for penalty; providing for pub- lication; and effective date. This ordinance was passed and approved on second reading by the Corpus Chris- ti City Council on August 8, 2017. /s/Rebecca Huerta City Secretary