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HomeMy WebLinkAbout023552 ORD - 01/26/1999AN ORDINANCE AMENDING SECTION 30-7 OF THE ZONING ORDINANCE, CITY OF CORPUS CHRISTI, TO SET A TIME LIMIT ON APPLYING FOR A ZONING CHANGE AFTER A PREVIOUS APPLICATION HAS BEEN WITHDRAWN AFTER THE PUBLIC HEARING BEFORE THE PLANNING COMMISSION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council and public, who have been notified of a pending zoning request, are inconvenienced, and often put to unnecessary expense, by applicants, who withdraw their zoning applications after the Planning Commission has had a public hearing and sent its recommendation to the City Council; and WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 9, 1998, during a meeting of the Planning Commission, and on Tuesday, January 12, 1999, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 30-7 of the Zoning Ordinance is amended to read as follows: "ARTICLE 30. CHANGES AND AMENDMENTS * * * * "Section 30-7 Required Waiting Period. "30-7.01 "30-7.02 R82879B5.020 * If an applicant withdraws the application after the Planning Commission has held a public hearing and acted on the application, no further applications for rezoning all or part of the property being considered for rezoning may be considered for twelve (12) months from the date of the withtirawai the Commission's action. After a final decision is reached by the City Council denying the request for a change in a zoning district classification or boundary, no further applications for rezoning en -all or part of the property may be considered for that property for twelve (12) months from the date of the final decision. i?7 1.15rl2 "30-7.03 "30-7.04 2 Upon filing a waiver request and a payment of a $30400 -seventy five dollar ($75.00) fee, the applicant may request the City Council Platna:s Commission to waive the waiting period upon a finding of changed conditions or significant new information. The Cit Maner or his designee, may submit the request for waiver to the Planning Commission for a recommendation to the City Council. City -initiated application is not limited by this waiting period. If the requested waiver isgranted, and the applicant files an application for rezoning before the expiration of the waiting period specified in Section 30-7 the application fee shall be one hundredfifty percent (150%) of the application fee specified in Section 33-3.01. 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 in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R82879B5.020 That' the��foregoing . dinance was read for the first time and passed to its second reading on this the �a� r� Day of 1 - _ , 1999, by the following vote: Samuel L. Neal, J Javier D. Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols dip That the oregoing ordinance was read for the second time and passed finally on this the XC Day of - kUA & �. , 1999 by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols , 1999. APPROVED: 7th day of January, 1999: James R. Bray, Jr., City Attorney By: R. Ja R82879113.357 is an ng City Att.rney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi x'23552 3 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 2634355 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 1ST day(s) of FEBRUARY, 1999. TWO (2 ) Time(s) $33.80 64, . O & M 66-0Z- Vice-President 6-0 Vice-President and Chief Financial Officer Siihocribed and sworn to me on the date of Corpus Christi Caller -Times, Monday, February 1, 1999'UARY 02, 1999. LEGAL NOTICES NOTICE OF OF ORDINANCE NO 023552 Amending Section 30-7 of the Zoning Ordinance, City of Corpus Christi, to set pl a time limit.on applying 9 change after a previous application has been withdrawn after the public hearing before the Planning Commission. /s/Armando Chapa City Secretary City of Corpus Christ Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.