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Home My WebLink About029048 ORD - 05/10/2011AN ORDINANCE ADOPTING A UNIFIED DEVELOPMENT CODE BY MERGING AND MODIFYING THE EXISTING CORPUS CHRISTI ZONING ORDINANCE, PLATTING ORDINANCE, MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS AND HIGHWAY BEAUTIFICATION ORDINANCE INTO ONE CODE; REPEALING THE EXISTING CORPUS CHRISTI ZONING ORDINANCE, PLATTING ORDINANCE, MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS AND HIGHWAY BEAUTIFICATION ORDINANCE; PROVIDING FOR THE PRESERVATION OF FORMER DEVELOPMENTAL REGULATIONS VIOLATIONS; REPEALING CONFLICTING ORDINANCES; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING NOTICE PROCEDURES FOR A CITY-WIDE ZONING MAP AMENDMENT AFTER A JOINT HEARING OF THE PLANNING COMMISSION AND THE CITY COUNCIL; AND PROVIDING FOR PUBLICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide a uniform and updated set of consistent definitions, rules, and regulations concerning the development and use of land within the City of Corpus Christi; and WHEREAS, the City has involved various focus groups comprised of citizens throughout the community to review the proposed unified development code in an effort to enhance readability and bring clarity to the development regulations; and WHEREAS, the City desires that the new unified development code utilize procedures that follow the normal sequence of development and provide a coordinated system for development review and enforcement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A unified development code entitled "Corpus Christi, Texas Unified Development Code" (hereinafter Unified Development Code), resulting from a process of merger and modification of the Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and the Highway Beautification Ordinance, is adopted in the form incorporated and attached as Exhibit A. SECTION 2. The Corpus Christi Zoning Ordinance, comprised of the following listed ordinances, is repealed and replaced in its entirety by the Unified Development Code: Ordinance No. 6106, passed by the City Council on March 29, 1961, as amended by Ordinance Nos. 6171, 6334, 6412, 6413, 6914, 7068, 7179, 7243, 7251, 7454, 7518, 8027, 8671, 9062, 9643, 10016, 10228, 10466, 10545, 10597, 10672, 10734, 10741, 10864, 10952, 10994, 11026, 11053, 11289, 11319, 02904$ INDEXED 11437, 12059, 13553, 15592, 16335, 17041, 17341, 17542, 17930, 19117, 19842, 20805, 22174, 23932, 11448, 12290, 13646, 15715, 16379, 17077, 17346, 17597, 17980, 19169, 19907, 20875, 22381, 23939, 11752, 11816, 11866, 11885, 11911, 11917, 11943, 11950, 12351, 12395, 12402, 12520, 12567, 12941, 13090, 13186, 13741, 14001, 14049, 14228, 14394, 14568, 14934, 15578, 15961, 15969, 16056, 16081, 16094, 16095, 16107, 16171, 16380, 16456, 16857, 16864, 16865, 16965, 16980, 17039, 17115, 17126, 17204, 17222, 17248, 17252, 17329, 17331, 17347, 17376, 17412, 17432, 17473, 17483, 174841/2, 17507, 17598, 17599, 17607, 17807, 17808, 17824, 17871, 17884, 18046, 18078, 18079, 18466, 18534, 18588, 18778, 18979, 19262, 19313, 19429, 19498, 19529, 19733, 19734, 19841, 19946, 19968, 20410, 20470, 20471, 20487, 20652, 20782, 20986, 21106, 21249, 21250, 21251, 21641, 21767, 22090, 22597, 22693, 22851, 23016, 23552, 23612, 23902, 23905, 24566, 24567, 24580, 24715, 24773, 25143, 25193, 25322, 25390, 25454, 25534, 25687, 25708, 25902, 25905, 26068 and 28859. SECTION 3. The Corpus Christi Platting Ordinance, comprised of the following listed ordinances, is repealed and replaced in its entirety by the Unified Development Code: Ordinance No. 4168 adopted on March 23, 1955, as amended by Ordinance Nos. 4541, 4634,4653, 4871, 4994, 5472, 5951, 6617, 6681, 6825, 8556, 8732,8986,9511, 9534,10242,1038'1,10590,10635,10656,11030,11140, 11268,11742,12037,126'11,12635,13036,13323,15279,15517,15708,15933, 15962,16312,'16942,16966,17074,17092,17199,17200,17249,17279,17317, 17383,17396,'17678,18460,18508,18527,18580,18589,18802,18997,19047, 19048,19049,19339,19430,19835,19923,19947,20116,20649,21046,21121, 21735,21808,22354,22382,22848,22913,22941 ,22971,23017,24338,25424, 25455, 25709, 25960, 26169, 27527 and 27578. SECTION 4. The Corpus Christi Manual of Driveway Design and Construction Standards, comprised of Ordinance 19105 adopted on December 6, 1985, and amended by Ordinance Nos. 20177 and 20464, is repealed and replaced in its entirety by the Unified Development Code. SECTION 5. The Corpus Christi Highway Beautification Ordinance, comprised of Sections 3-35 through 3-44, inclusive, of the Municipal Code of Ordinances, the same being Ordinance No. 21973 adopted on June 28, 1994, as amended by Ordinance Nos. 22301 and 26903, is repealed and replaced in its entirety by the Unified Development Code. SECTION 6. The changes in development regulations made by this Unified Development Code apply only to violations occurring on or after the effective date of this Unified Development Code. Any violations occurring before the effective date of this Unified Development Code are governed by the development regulations, that being the Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and the Highway Beautification Ordinance, in effect at the time H:1LEG-DIR1Shared'LEGAL-DEVSVCSIUDC Project\UDC Ordinance.DWBfinal,docx the violation occurred, and the former development regulations are continued in effect for that purpose. For purposes of this section, a violation occurred before the effective date of this ordinance if any part of the violation occurred before that date. SECTION 7. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 8. To the extent that this Unified Development Code represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Unified Development Code, as herein adopted by this ordinance. SECTION 9. A copy of the Unified Development Code as herein adopted by this ordinance and made a public record shall be on file in the office of the City Secretary. SECTION 10. The City Council further finds and determines, by more than a two- thirds vote pursuant to Section 211.007 of the Texas Local Government Code, that the zoning maps of the City of Corpus Christi may be amended in order to reflect the changes in zoning categories made by the Unified Development Code pursuant to a joint public hearing of the City, of the City Council and the Planning Commission. Effective notice of such joint public hearing shall be provided by the publication of notice three times in a local newspaper of general circulation within the City prior to the public hearing. The notice shall contain the time and place of the hearing and notice that the agenda item will be the amendment of the zoning maps changing the zoning designations of all properties in the City in order to conform to the requirements of the Unified Development Code. Each date of publication shall be no less than three (3) days apart, and the date of the last publication shall be before the fifteenth (15th) day prior to the public hearing. SECTION 11. Prior to July 1, 2011, the City Secretary is directed to publish notice of the adoption of this Ordinance one time containing a summary hereof which fully discloses the purposes, intent and effect of this Ordinance as required by the Charter of the City of Corpus Christi. SECTION 12. 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 13. The adoption of the Unified Development Code, as provided at Section 1 above, and the repeal of the development regulations, as provided at Sections 2, 3, 4 and 5 above, shall take effect on the 1st day of July, 2011. H:1LEG-DIRIShared\LEGAL-DEV.SVCSIUDC Project\UDC Ordinance.DWBfiinal.docx That the foregoing ordinance was read fothe�firstntime and passed to its second reading on this the Z6'day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal Astid- John E. Marez Nelda Martinez Mark Scott Linda Strong That the fofegoing ordinance was read for the second time and passed finally on this the / day of , 2010, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal PASSED AND APPROVED this the ATTEST: �) Armando Chapa City Secretary APPROVED as to form April 15, 2011. For City Attorney, Carlos Valdez By: ev"4,4, eborah Walther Brow Assistant City Attorney John E. Marez Nelda Martinez Mark Scott Linda Strong day of , 2011. 2,--/e460?-tie Joe A ame Mayor 029048 EFFECTIVE'DATE 2, tall H:1LEG-DIRIShared\LEGAL-DEV.SVCSIUDC Project\UDC Ordinance.DWBfinal.docx PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # -5968026 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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, Kleberg, Live -Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02904 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/16/2011, '5116/2011. $ 172.41 1Time(s) On this day of LEGAL SALES REPRESENTIVE , 20 \ I certify that the attached document is a true and an exact copy m.. e b publisher. ,v:�azr-,:ca>me::aru�:eaa^ '40; M C8 LL1, JOYCE CABRERA MYCO6 MISS ON EXPIRES kiamly 19, 2012 Not Public, State o Texas CALLER -TIMES 0 May 16, 2011 5k: l.etpr Notices 1110 iOTIpE off; PAs.S GE OP ORDINANCE NQ O2g04B Adopt Ing 'a .Unl:fied Deveropr lent Oode (UDC), by merging. and grnodifyincjthe ex-. fistinCorpus Christi Zoning':Ord Platting, Ord, Manual of Drive- way `:DQsrgn., & Constr uctrbn:;$tan dards '& H.igfway Beautification f,Ordi- nance into one :code; repealing the existing Corpus :-Christi mg Ord Platting Ord ; Menua'l 'ot Driveway Desi n &. Constri4ction ::Stan dards.'& lligiiway Beautification 'Ord.',. provr,d'Ing for': the preservation., of for rner payeIoprhental Regulations Viola-` tions eel" ng confIict•ing ordi=. nances amending contlicting provisions of the Qty s Compre- h e n si:u a Plan'; provrding notice.:pro cedures fora :City wide Zgning ;Map Amendment after'a joint hearing of the Planning Gom'rnis- Sion. &' the Ci#.y Council': This'�o'rd... was passed .& ap` proved on Its second reading,by the: City Council On .M4.10., 2011.Th,e effective date is Juiy 1 2011. /c/ Armando Chapa ClfySscretary