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Home My WebLink About025454 ORD - 08/26/2003AN ORDINANCE AMENDING THE ZONING ORDINANCE BY DELETING THE PUBLISHED FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. 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; WHEREAS, with proper notice~o the public, public hearings were held on Wednesday, August 13, 2003, during a meeting of the Planning Commission, and on Tuesday, August 19, 2003, 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 h~s 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 25-5 of tt~e Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "Section 25-5 A request to extend the time for which a special permit is valid must be submitted in writing to the Department of Planning prior to the expiration of the special permit. The fee for processing Such request is ~;~* .... ,~ ~,~,-,/.~nn*h,. ~,~u.,,-~./cch nn~ is published in the Development Services fee schedule, which is adopted under Chapter 14, Code of Ordinances." SECTION 2. Section 25A-3.01{1) of the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "Section 25A-3 Bed and Breakfast Home (B&B) SUP "25A-3.01 In addition to compliance with Section 25A-1 above, an application for a SUP for a bed and a breakfast home (B&B) must, at a minimum, comply with the following conditions: "(1) Applicant shall pay the rezoning fees plus $!00.00 the B&B proqess fee published in the Development Services fee schedule, which is adopted under Chapter 14, Code of Ordinances." SECTION 3. Section 25A-4.01 (1) of the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: R32837A1 .doc 2 "Section 25A-4 Bed and Breakfast Home With Special Events (B&B/SE) "25A-4.01 In addition to compliance with Section 25A-2 above, an application for an sup for a bed and breakfast home with special events (B&B/SE) must, at a minimum, comply with the following conditions: "(1) Applicant shall pay the rezoning fees plus $!00.00 the B&B proc-~ss fee published in the Development Services fee schedule, which is adopted under Chapter 14, Code of Ordi lances." SECTION 4. Section 27B-11B ')f the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as folh)ws: "Section 27B-11 Submittal PrOcedures. "B. Payment of the appropriate landscape plan review fee as published in the Development Services fee schedule, which is adopted under Chapter 14, Code of Ord~nanc~es ................................................ SECTION 5. Section 28-5(C) of the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follews: "Section 28-5 Procedure. "(c) Plan of Development. To utilize the provisions of this article ten (10) copies of the proposed plan of development accompanied by planned unit development processing fees, as prescribed in the Development Services fee schedule, whi~ch is adopted under Chapter 14, Code of Ordinances SCHEDULE OFPROCESSING FEES ACRE~ FEES O 25 n o~ .... ~:co.~ nn R32837A1 .doc ~ nn '!, 99 ..... ¢~¢ nn 5 0O 9~99 ..... ~I ~'~,~ nn !n nn !4;99 ..... ¢q,3!7 09 20.00 24~99 ..... ¢~ n~ nn "The processing flaes shall be in addition to all other fees and are for the purpose of defraying the greater costs of examining and formulating recommendations on the plan of development. The plan of development shall include the following drawing or drawings prepared at the scale of 1" - 50':" SECTION 5. Section 30-7.04 o~ the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "Section 30-7 Required Waiting Period. "30-7.04 If the requested waiver is granted, 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 hundred fifty percent (150%) of the application fee specified in~,tieR- 33 3.0! applicable zoning application fee published in the Development Services fee schedule, which is adopted under Chapter 14, Code of Ordinances." SECTION 6. Section 33-1.05 of the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: R32837Al.doc 4 "Section 33-1 Permits. "33-1.05 Any person, firm, or corporation, upon filing a request with the Department of Planning for a conditional permit for a sign as required of Subsection 33-1.01, shall be required to pay in advance the cum "~ T .... Wi inJr~ C;'~%, ~';~ n,-,ll.'~,~' /¢'3~C) nc,', conditional sign permit,application fee published in the Development Services fee schedqle, which is adopted under Chapter 14, Code of Ordinance~i" SECTION 7. Sections 33-3.01 and 33-3.02 of the Zoning Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "Section 33-3 Filing Fees. "33-3.01 Any personi, firm or corporation upon filing with the Department of Planning df any application for a zoning district classification change, necessitating the sending of notices and publication of notices in the newspaper shall be required to pay in advance the fc!!cwing cum: the applicable zoninq filing fee published in the Developmept Services fee schedule, which is adopted under Chapter 14~ Code of Ordinances. ACRES FEES 0.90 0.2~,9 ccra ................ $5d2.00 ~ nn n nn ..... ¢:.1 ~'7o nn 1~ nn to on ,~,,r,~,- ¢t ,laa nn R32837A1.doc 5 "In the event the Planning Commission does not favorably recommend the zoning district change and the applicant withdraws his application before it is forwarded to the City Council for public hearing and determination as provided in Article 30 of this ordinance, then 35 percent of the application fee shall be refunded upon written request by the applicant. "An applicaiion for a zoning district classification change initiated by the City Co~uncil, the Planning Commission, any City staff member (acting in his capacity as City staff member), or any other Board or Agency of the City of Corpus Christi shall be without fee. "33-3.02 Fence Exceptions. Any person, firm or corporation, upon filing a request with the Department of Planning and Development for an exception tp the requirement of Subsection 27-3.01.06, 7A-2(8), 7A-3(6), 7A-4(5) of this ordinance, necessitating the sending of notices and publication of notices in the newspaper, shall be required to pay in advance "rh.~,,, ($353.00) t~e fence exception application fee as published in the Developmept Services fee schedule, which is adopted under Chapter l~r, Code of Ordinances. In the event the Planning Commission does not favorably recommend the fence exception and the applicant withdraws his request before it is forwarded to the City Coundil for public hearing and determination as provided in Article 30 of this ordinance, then 35 percent of the application fee shall be refunded upon written request by the applicant." SECTION 8. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 9. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 10. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 11. 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. R32837A1.doc 6 SECTION 12. 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. R32837A1.doc That the foregoing ordinance was read f(~r the first time and passed to its second reading on this the I C~-F-day of ~t.~ ~ ~- ,2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola That t.he foregoing ordinance was read for the second time and passed on this the o~(~ day of 7L~-I ~-~, 2003 by the following vote: finally Samuel L. Neal, Jr. ~-.~q? Bill Kelly Brent Chesney (~.~ Rex A. Kinnison Javier D. Colmenero ~-,~?~- Jesse Noyola Melody Cooper ~ ~' Mark Scott Henry Garrett ~ ~ PASSED AND APPROVED, thi¢ the ~ day of ~LJ~ '~ ,2003. ATTEST: Armand Samuel L. Ne~l, Jr. ( ~" City Secretary Mayor APPROVED: 14th day of August, 2003: R. O.a~ P.~ining / Acti'ng~ity A~ney R32837A1.doc State of Texas County of Nueces ssi PUBLISHER'S AFFIDAVIT CITY OF CORPU~-~I~I Ad # 4655899 PO # Hinojosa, who being first dui Manager of the Corpus Chr Corpus Christi in said City Brooks, Nueces, publication of, NOTICE OF is a true copy, was inserted Wide Web on the Caller-Tin 2003. Before me, the undersigned~ a Notary Public, this day personally came Diana sworn, according to law, says that she is Credit :ti Caller-Times, a daily newspaper published at and State, generally circulated in Aransas, Bee, Duval, Jim Hogg, .Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patri(io, Victoria and Webb Counties, and that the $42.85 TWO (2 } Time(s) )ASSAGE OF ORDINANCE NO. which the annexed the Corpus Christi Caller-Times and on the World s Interactive on the 1ST day(s} of SEPTEMBER, Credit Manager Subscribed and sworn to me on the date of SEPTEMBER 02, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. was passed and approved by the Cty Council of the City of Corpus Christi on August 26, 2003. /s/Armando Chapa City Secretary · City of Corpus Chdsti