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Home My WebLink About12402 ORD - 12/18/1974• JRR:jkh:12- 11 -74; lst AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY AMENDING ARTICLE 4, GENERAL PROVISIONS DISTRICTS AND DISTRICT MAPS, BY ADDING A NEW SECTION' TO BE NUMBERED SECTION 4 -5, BUILDINGS FOR TELEPHONE SERVICE EXCEPTED; AMENDING ARTICLE 30, CHANGES AND AMENDMENTS, BY AMENDING SECTION 30 -3 SO AS TO PROVIDE FOR NOTICE OF PUBLIC HEARINGS TO BE SENT TO ALL OWNERS OF PROPERTY OR TO THE PERSON RENDERING THE SAME FOR CITY TARES TO WHICH PROPOSED REZONING OR USE CLASSIFICATION OF A LOT, PARCEL OR DISTRICT WOULD APPLY: AMENDING SECTION 30-3-BY STRIKING THE PRESENT PARAGRAPHS 2 AND 3, AND IN LIEU THEREOF ADDING THREE SUBSECTIONS TO BE DESIGNATED AS 30 -3.01, 30 -3.02 AND 30 -3.03, PROVIDING FOR FINAL REPORT OF THE PLANNING COMMISSION TO BE FORWARDED TO THE CITY COUNCIL WITHIN 45 DAYS AND PROVIDING CERTAIN OTHER CONDITIONS, r FOR PUBLICATION,AND PUBLIC HEARING; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. C7 WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning certain amendments to the teat of the Zoning Ordinance of the City of Corpus Christi; and WHEREAS, public hearing was held at which hearing all persons wishing to appear and be heard were heard, to consider the same before the City Council of the City of Corpus Christi, in accordance with proper notice to the public, said public hearing having been held on December 11, 1974 at Regular Council Meeting of the City Council in the Council Chambers at City Hall in the City of Corpus Christi; and WHEREAS, by motion duly made, seconded and carried, it was decided by the City Council that to approve the hereinafter set forth amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, passed on the 27th day of August, 1937, appearing of record in Volume 9, pages 565, et seq, of the Ordinance and Resolution Records, as 124 ®2 amended from time to time, and in particular as amended by Ordinance No. 6106, as amended, be and the same is hereby amended by making the changes hereinafter set out. SECTION 2. That Article 4 of the Zoning Ordinance, entitled GENERAL PROVISIONS, DISTRICTS AND DISTRICT MAPS, be amended by adding a new section, to be numbered Section 4 -5, Buildings for Telephone Service Excepted, reading as follows: "Section 4 -5 Buildings for Telephone Service Excepted. The provisions of this Ordinance shall not apply to the location, construction, maintenance or use of central office buildings of corporations, firms or individuals engaged in the furnishing of telephone service to the public, or to the location, construction mainte- nance or use of any equipment in connection with such buildings or a part of such telephone system, necessary in the furnishing of telephone service to the public." SECTION 3. That Article 30 of the Zoning Ordinance, entitled CHANGES AND AMENDMENTS, be amended by amending Section 30 -3 as follows: (1) Paragraph 1, line 5, strike the words "change of" and substitute the words "rezoning of use" and following the word "classification" add the words "of a lot, parcel or district. ", said Section 30-3 to hereafter read as follows as to the first paragraph thereof: "Section 30 -3 The Planning Commission shall make a preliminary report and hold a public hearing thereon before submitting its final report to the City Council. Notice of public hearings before the Planning Commission shall be given by sending written notice to all owners of property or to the person rendering the same for city taxes to which the proposed rezoning of use classification of a lot, parcel or district would apply, and to all owners of property, or to the person rendering the same for city taxes, located within two hundred (200)feet of any property to be changed thereby, within not less than ten days before any such hearing is held. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Post Office." -2- SECTION 4. That Article 30 of the Zoning Ordinance, entitled CHANGES AND AMENDMENTS, be amended by striking paragraphs 2 and 3 and in lieu thereof add three subsections, to be designated as 30 -3.01, 30 -3.02 and 30 -3.03, said subsections to hereafter read as follows: "30 -3.01 The final report of the Planning Commission shall be forwarded to the City Council within forty -five (45) days from the date of public hearing by the Commission. All recommendations by the Commission shall require an affirmative vote by a majority of the Commission present and voting. In the event an agreement on a recommendation cannot be reached by a majority of the Commission present and voting or if the Commission fails to take action on an application within the time limits prescribed above, the proposed amendment, supplementor change of the Zoning Ordinance shall be forwarded to the City Council without a recommendation. For those applications on which a hearing has been held by the Planning Commission, the forty -five (45) day period for a final recommendation shall commence -upon adoption of this amendment. "30 -3.02 Following submission and advertisement of an applica- tion for an amendment to the Zoning Ordinance for a change in classifica- tion of a zoning district on any tract of land, the application shall not be permitted to amend said application either by reducing the area of request or requesting a different classification than originally advertised. Once the request is advertised for hearing before the Planning Commission and is not withdrawn by the applicant, such application shall be advertised in the same contest before the City Council. Any amendment proposed by the applicant to the original application will be treated as a completely new request requiring the preparation and submission of a new application, according to Articles 30 and 33. "30 -3.03 In the event a public hearing shall be held by the Planning Commission in regard to an amendment other than an amendment or change to the Zoning Nap, notice of such public hearing shall be given by publishing in the official newspaper of the City of Corpus Christi at least once a notice of such hearing fifteen (15) days prior to said hearing." -3- SECTION 5. That Article 30 of the Zoning Ordinance, entitled CHANCES AND AMENDMENTS, be amended by amending Section 30 -5 as follows: In line 1, strike the words "such amendment, supplement or change" and substituting the words "an action under Section 30 -3 "; in line 5, strike the words "amendment, supplement, or "; and in line 7, strike the words amendment, supplement or ", said Section 30 -5 to hereafter read as follows: "Section 30-5 If a protest against an action under Section 30 -3 has been filed with the City Secretary, duly signed by the owners of twenty percent (20%) or more, either of the area of the lots or land included in such proposed change or the lots or land immediately adjoining the same and'extending two hundred (200) feet therefrom, such change shall not become effective except by a favorable vote of three - fourths (3/4( of all of the City Council. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting." SECTION 6. That all ordinances or parts of ordinances in direct conflict herewith are hereby expressly repealed. All other portions and parts of said Zoning Ordinance, as amended, are hereby kept in full force and effect. SECTION 7. Publication shall be made one time in the official publication of the City of Corpus Christi, which publication shall contain the caption stating in substance the purpose of the ordinance. SECTION 8. That the necessity of making the aforesaid change for the purpose of maintaining at all times a comprehensive zoning ordinance for the City of Corpus Christi creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from -4- and after its passage and publication, IT IS ACCORDINGLY SO ORDAINED, this the ff"day of December , 1974. ATTEST: ecretary AP VED: DAY OF DECEMBER, 1974: 14�w_ f & tj2d., ASSN„ City Attorney MAYOR CITY OF CORPUS CHRISTI, 1qPr1* Corpus Christi, -Texas day of A& 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Lnby -- - -[,�V j,.mes T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark