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Home My WebLink About027008 ORD - 09/26/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE BY DELETING SECTION 27- 2.03 OF ARTICLE 27 "SUPPLEMENTARY HEIGHT, AREA AND BULK REQUIREMENTS," REGARDING WINDMILLS, WIND ENERGY CONVERSION SYSTEMS, AND WIND- DRIVEN GENERATORS; AMENDING ARTICLE 3 "DEFINITIONS," TO INCLUDE SECTION 3- 1.67.3 RELATING TO WIND ENERGY SYSTEMS; AND AMENDING ARTICLE 29 "BOARD OF ADJUSTMENT," TO INCLUDE SECTION 29- 3.13 PROVIDING REGULATIONS FOR WIND ENERGY SYSTEMS; REPEALING ORDINANCE NO. 026986 ESTABLISHING A 30 -DAY MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE ERECTION OR CONSTRUCTION OF WIND ENERGY SYSTEMS; PROVIDING FOR SEVERANCE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning Ordinance does not contain appropriate regulation of wind energy systems, and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 6, 2006, during a meeting of the Planning Commission, and on Tuesday, September 26, 2006, 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 regulations proposed shall apply only to wind energy systems; WHEREAS, the proposed regulation was reviewed by the Planning Commission on September 6, 2006 and recommended for adoption by City Council; WHEREAS, on and after the adoption of the proposed regulation, the 30 -day moratorium on the issuance of permits for the erection or construction of wind energy systems will no longer be necessary; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 3, DEFINITIONS, Section 3 -1, as follows: ARTICLE 3. DEFINITIONS H: 1 FO-DIR\ Shared \Gary S\agenda 2006 \09 -26 \Wind Energy System ord060912.doc Section 3 -1. Words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance only, and no other certain terms and words are hereby defined as follows: 3- 1.67.3 Wind Energy System. A wind energy conversion system or similar product consisting of a wind turbine, tower, and associated control or conversion electronics which will be used primarily to reduce on -site consumption of utility power. (1) Height, Total System. The height above grade of the system, including the generating unit and the highest vertical extension of any blades or rotors. * SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 27, SUPPLEMENTARY HEIGHT, AREA AND BULK REQUIREMENTS, to delete Section 27 -2.03, as follows: ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA AND BULK REQUIREMENTS * * * 27 -2 MODIFICATION OF HEIGHT REGULATIONS 27 2.03 * * SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 29, THE BOARD OF ADJUSTMENT, Section 29 -3 "Special Use Exceptions," as follows: ARTICLE 29. THE BOARD OF ADJUSTMENT H: 1 EG -DIR\ Shared 'Gar■S \agenda‘2006 \09- 26\Wind Energy System ord060912.doc 29 -3 SPECIAL USE EXCEPTIONS. 29 -3.13 Wind energy systems are applicable in any zoning district providing the minimum following criteria is met: (1) Wind energy systems shall be located on a parcel that is, at a minimum, one and a half (1 1/2) acres in size. Additional wind energy systems shall be permitted on the same parcel at a ratio of one (1) for every one and a half (1 1/2) acres of property. (2) The total system height of a wind energy system shall not exceed a maximum height of one hundred and ten (110) feet, measured at the top of the blade. (3) Each wind energy system shall be set back a distance equal to one hundred and fifty percent (150 %) of the height of the total system (including blade length) from all property lines. (4) The minimum distance between the ground and any protruding blades utilized on a wind energy system shall be twenty -five (25 %) feet, as measured at the lowest point of the arc of the blades. (5) If more than one wind energy system is located on a site, there must be a one hundred and ten (110) foot separation between each, measured at the base of the structure. 6 Wind energy systems shall not exceed sixty (60) decibels, as measured at the closest property line. (7) The minimum survival wind speed for the wind energy system must be one hundred forty (140) mph. (8), Roof -top mounted wind generators are prohibited. (9) The wind energy system will not substantially affect adversely the uses of adjacent and neighboring properties. H I,1- (j -DIR \Shared \Garr S \agenda 2006`09 -26 \Wind Energy System ord060912.doc SECTION 4. That Ordinance No. 026986, adopted on September 12, 2006, establishing a 30 -day moratorium on the issuance of permits for the erection or construction of wind energy systems is hereby repealed. SECTION 5. 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 of this ordinance be given full force and effect for its purpose SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance, to the extent of the conflict are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 8. 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. SECTION 9 This ordinance shall take effect upon and after publication of this ordinance. SECTION 10. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure on this 26th day of September, 2006. ATTEST: Armando Chapa City Secretary APPROVED: September 21, 2006. Ga'fy WSISmith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI H..nry Garr- t Mayor, City of Corpus Christi DATE 0 D(e ( DI R\Shared\Gar, S \agenda 2006v09 -26 \Wind Energy System ord060912.doc Corpus Christi,Texas r• {?` 'f day of 'fit 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully Council Members Respectfully, Hen Garrett Mayor, City o Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H LI- G- DIR \Shared\Gar, S\agenda,2006`09- 261Wind Energy System ord060912.doc State o Texas County _,( Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5582185 PO# Before me, the undersigned, Notary Public, this day personally came Sandra Oruro, who being first duly sworn, according to law, says that she is Legal Sales Representative =f the Corpus Christi Caller- Times, a daily newspaper oublisheci at Corpus 'hristi in said City and State, generally circulated in \ransa , Ree Bra Woks. Duval :11m Hogg, Jim. Wells. Karnes, Kenedy, Kleberg, Live Oak, Nueces Reft gio San Patrick), Victoria and Webb Counties, and that he publication o#' NOTICE OF PUBLIC HEARING TO which the annexed is a !rue copy was 1 Iserted in the Corpus Christi Caller -Times and on the World Wide Web on the Cutler-Times In teractine on the 2ND day(s) of OCTOBER, 2006: $189.3 C?figinietcet., at,ez-Y-LJ Legal Sales Representative TWO (2 ) T?me(s) Subscribed and sworn to me on the date of Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. R;ti r,ki.i: ,iOYCE cAl3RFJIA h�(vt = ;i�at4 k '.,PE` .1$k 19, 2QOg Monday . October 2, 2006 . 'NOTICE OF PASSAGE' OF ORDINANCE NO. 027008 Ordinance amending the Zoning Ordinance by deleting Section 27- 2.03 of Article 27 "Supplementary Height, Area and Bulk Requirements,' regarding windmills, wind energy conversion systems, and wind- driven generators; amending Article 3 "Definitions," to include Sect en 3- 1.67.3 relating to wind energy systems; and amending Article 29 "Board of Adjustment," i to include Section 29- 3.13 proviging regulations for wind energy systems: repealing Ordinance No. 026986' establishing a 30 -day moratorium on the ssuance of permas for the erection or construction of wind ; energy systems, providing a repealer clause; providing a penalty; providing for an effective date, This ordinance was paissed and approved by the City Council of the City of Corpus Chritslji on September 26, !s/ Armando Papa City Secretary City cr Corpus Chris