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Home My WebLink About021250 ORD - 09/24/1991AN ORDINANCE AMENDING THE ZONING ORDINANCE, ARTICLE 30, BY AMENDING CHANGES AND AMENDMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance, Article 30, by amending Changes and Amendments as follows: ARTICLE 30. CHANGES AND AMENDMENTS In considering applications for rezoning, the Planning Commission shall determine if the rezoning conforms to the Comprehensive Plan. The Planning Commission shall advise City Council as to its findings of conformity or nonconformity. and shall recommend any deviation to the Comprehensive Plan. The City Council shall determine whether such conformity exists or if deviation is warranted Section 30-1 Initiation 30-1.01 The City Council, Planning Commission. or City Manager (or his designee) may initiate amendments to this ordinance and make reauests for a change in a zoning district classification or boundary. The City Council or Planning Commission shall deliver a proposed amendment to this ordinance or request for a change in a zoning district classification or boundary to the Director of City Planning and Urban Development (Director) for study and recommendation. Such amendment must be processed with the same public hearings, notices. and time frames as required by this ordinance. 30-1.02 Property owners or their certified agents may request a change in the zoning district classification or boundary by filing an application with the Director or his designee. (4) The application must be on a form auproved by the commission and furnished by the Director. .Bl Unless provided for elsewhere in this ordinance. the owner or majority of owners of record if more than one owner. of each property within the area of request must sign the application or submit a signed statement consenting to the application. .1 Q Ownership shall be determined by the most current tax files on record or evidence acceptable to the City Legal Department. districts or the regulations herein establish. Section 30-2 Before taking any action on any proposed amendment, supplement, or change, the City Council shall submit the same to the Planning Commission for public notice, public hearing and its recommendation and report. 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 classifications of a lot, parcel, or district would apply, and to all owners of property, or to such RP1940.017.kp 021250 persons rendering the same for City taxes, located within two hundred (200) feet or any property to be changed thereby, within not less than ten days (101 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. 30-3.01 The Planning Commission shall take an action on a proposed change of zoning within forty-five (45) days from the date the application is submitted to the Director and it is determined to be complete. The Planning Commission shall approve or deny all applications within six (6) months from the date of the initial Planning Commission public hearing. All recommendations by the Planning Commission shall require an affirmative vote by a majority of the Planning 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, supplement, or change of the Zoning Ordinance shall be forwarded to the City Council with without a recommendation of denial. .. _ ... • 30-3.02 The request for Council action and the final report of the Planning Commission shall be forwarded to the City Manager for City Council consideration within forty-five (45) days from the date of the final a ion Elie -hearing by the Commission. 30-3.03 Following submission and advertisement of an application for an amendment to the Zoning Ordinance for a change in the classification of a zoning district on any tract of land, the applicant 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 context 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. 30-3.04 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 Map, notice of such public hearing shall be given by publisheding at least once fifteen (15) days rior to said hearing in the of€ieial newspaper of the City of Corpus Christi Section 30-4 A public hearing shall be held by the City Council before adopting any proposed supplement, amendment or change. Notice of such hearing shall be given by publishing one time in the official publication of the City of Corpus Christi, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first day of such publication. 30-4.Q1 The City Council shall act, by Ordinance or motion, on such proposed amendment, supplement or change within forty-five (45) days from the date the request for Council action and the final report of the Planning Commission is submitted to the City Manager said-City-Couneil. In the event the City Council shall fail to act within said forty-five (45) days, such proposed amendment, supplement, change or Special Permit shall be deemed in all things denied. 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. RP1840.017.kp 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 30-6 Time Limit for Final Council Action. All applications heard by the City Council shall be approved or denied €moilyaeted-upon within six (6) months from the date of the initial City Council hearing. In the event the application has not been granted within said six -months' period, the application shall be deemed denied and the City Secretary shall notify the applicant of such denial at such time, unless the City Council by motion extends the six -months' period for a definite time period and at the expiration of that period, in the event the application is not granted, it shall be deemed denied. amendment: SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall 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 hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. RP1840.017.kp That the foregoing grdinance was read for the first time and passed to its second reading c ; the 11,> day of 5"i(r,' y� ,' , 19 0 . by the following vote: Mary Rhodes 6— Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin 11, Joe McComb 6-14 3 Dr. David McNichols Clif Moss Mary Pat Slavik That the foregoing ord�' a^n�ce, was read for thesecond time and passed to its third reading on this the 1 7 day of 'Y = LC /y1 (Q0 -1\J , 191 , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik / That the yforegoing ordinance was read for the third time and passed finally on this thea 4 day of yClE 1 tnt )119it L, by the following vote: ad Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 71.4 PASSED AND APPROVED, this the) day of J� Q/Y U , 19 a/ . A C APPROVED61/i DAY OF ,:.' JAMES R. BRAY, JR., CITY ATTORNEY /et') ez} %37 044 MAYOR THE CIT-- OF CORPUS CHRISTI , Assistant City Attorney 021250 PUBLISHER'S AFFIDAVIT State of Texas, County of Nueces } ss: CITY OF CORPUS CHRISTI Ad #64047 PO # Before me, the undersigned, a Notary Public, this day personally came Kerri Lesmeister, who being first duly sworn, according to law, says that she is a Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021250 AMENDING THE ZONING which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 30th day of September 1991. One Time(s) $ 18.90 Business Office Secretary Subscribed and sworn to before me this 2nd day of October , 1991. I )(0 OW/La en Notary Public, Nueces County, Texas My commission expires on • *eh) EXEWTNE DIRECT NOTIOPASSAGE OF ORDINANCE NO. 021250 AMENDING THE ZONING QR - G DINANCE,-ARTICLE 30, BY in a AMENDING CHANGES AND ural AMENDMENTS. The ordinance was passed and approved by the City — Council of the City of Corpus - Christi, Texas on the 24th day of September, 1991. od /5/ Armando Chaps City Secretary ▪ taw of Corpus Christi "'Tirt'EF 91EAI hr Ken