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HomeMy WebLinkAbout031579 ORD - 10/16/2018 Ordinance amending the Unified Development Code to add a definition for smoking lounges and the appropriate zoning district; and providing for penalties 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 July 25, 2018, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, September 11, 2018, 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 "Definitions", Subsection 1.11.3 "Defined Terms" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 1.11.3. Defined Terms Smoking Lounge: A use engaged in the sale of tobacco product for on-premise consumption. Smoking lounge includes but is not limited to establishments known variously as cigar lounges, hookah lounges, vape lounges, tobacco clubs, tobacco bars, etc. SECTION 2. UDC Article 4 "Base Zoning Districts", Section 4.5 "Commercial Districts", Table 4.5.2 "Permitted Uses (Commercial Zoning Districts)" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: P = Permitted Use L=Subject to Limitations SUE=Special Use Exception SP=Special Permit cN [blank cell] = Not Permitted U U O U U U U U U U m Standards Commercial Uses Commercial Parking Uses[5.1.4.A] P P P P P PPPP PP Indoor Recreation Uses[5.1.4.8] P P SP P PPPPPPP Bar,tavern or pub L LLLLLLL 5,2.7 Smoking Lounge P PPPPPPP SECTION 3. UDC Article 5 "Use Regulations", Section 5.1 "Use Categories", Subsection 5.1.4 "Indoor Recreation" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below. 031579 SfltNNFfl Characteristics:General commercial uses,varying in size,providing daily or regularly scheduled recreation-oriented activities in an indoor setting. Principal Uses Accessory Uses Uses Not Included Auditorium Associated offices Aquarium(see Community Bar,tavern or club Concessions Service) Exposition building Food preparation and dining Art gallery(see Community Indoor entertainment activities such areas Service) as billiard halls,bowling alleys,pool Off-street parking Athletic or health club(see Retail halls,dance halls, indoor firing Satellite dish antenna under Sales and Service) ranges,movie or other theaters,and 3.2 feet* Library(see Community Service) skating rinks Museum(see Community Service) Membership club or lodge Senior centers(see Community Natatorium Service) Smoking Lounge Youth club facilities(see Community Sexually oriented business Service) SECTION 4. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is 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 of this ordinance be given full force and effect for its purpose. 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, and Article 10 of the Unified Development Code (UDC). SECTION 6. 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. Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the Ci day of 02018, by the following vote: Joe McComb _A ....4r- Ben Molina Rudy Garza ' <<I Everett Roy _.4 1 i 1 Paulette Guajardo Lucy Rubio Michael Hunter ---iT. Greg Smith ` / 0, d I Debbie Lindsey-Opel ILA 4 That the fo egoing ordii as read for the second time and passed finally on this the 1(D day of UC , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza af, Everett Roy ___Liy,- Paulette Guajardo Lucy Rubio —____OMOL Michael Hunter I. , ! Greg Smith _______4 Debbie Lindsey-Opel 1!1 PASSED AND APPROVED on this the Ill! day of DA° , 2018. ATTEST: ' 42-4-e-eel-e iire-R, _______ ,Ji A - , Reb cca Huerta Jo cComb City Secretary M.y.r 0315Page 3 of 3