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HomeMy WebLinkAbout030147 ORD - 04/08/2014Ordinance amending the Unified Development Code by revising subsections 3.3.3.0 and 3.4.2.D regarding City Council final action on Zoning Map amendments (rezonings), historic overlay districts or landmark designations; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City of Corpus Christi, Texas ( "City ") Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 12, 2014, during a meeting of the Planning Commission, and on Tuesday, March 25, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That UDC subsection 3.3.3.0 is amended by revising the text to read as follows: "3.3.3 Review Process "C. Citv Council Final Action "1. Following notice in accordance with Subsection 3.1.7, the City Council shall hold a public hearing and approve, approve with conditions, or deny the Zoning Map amendment. If a proposed amendment has been recommended for disapproval by the Planning Commission or when the action taken by the City Council regarding a special permit is less restrictive as to use or density than the recommendation of the Planning Commission, then the amendment shall not become effective except by a favorable vote of at least three - fourths of all members of the City Council voting. "2. The City Council shall take final action on the Zoning Map amendment within 15 days six months from the date the -west the final report recommendation of the Planning Commission is made. In the event the City Council Ordinance_UDC Amdmt_ TimeLimitCouncilAction_03122014 N 1 17 Page 1 of 3 INDEXED SECTION 2. follows: "3.4.2 shall fail to act within '15 days six months, such proposed the Zoning Map amendment, supplement, shall be deemed in all things denied." That UDC subsection 3.4.2.D is amended by revising the text to read as Review Process "D. City Council Final Action "2. The City Council shall take final action on the historic overlay zoning district or landmark designation within 45 -days six months from the date the recommendation of the Landmark Commission is made. In the event the City Council shall fail to act within /15 days six months, designation shall be denied. SECTION 3. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 4. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC SECTION 5. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 6. This ordinance is effective immediately and applies to any rezoning that is in the process of or has taken effect. Ordinance_UDC Amdmt_ TimeLimitCouncilAction_03122014 Page 2 of 3 The foregoing prdinancelnd for the first time a d passed to its second reading on this the rs -" ay of C /V\ , 20 I (, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The fore i ,ordinance as read for the second time and passed finally on this the day of C1,�Ji�- , 20j; by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb r PASSED AND APPROVED this the ATTEST: 4142, Rebecca Huerta City Secretary EFFECTIVE DATE 4f i4'14 Ordinance_UDC Amdmt_Time Chad Magill Colleen McIntyre Lillian Riojas Mark Scott , 20 Nelda Martine Mayor .imitCouncilAction 03122014 Page 3 of 3 030.1.47 p . , CD InIB !SHER'S AFFIDAVIT .e n z = c� m State of Texas } CITY OF CORPUS CHRISTI o 0 County of Nueces } Ad# 338730 -0 D PO # = av cn --4 .. : co r, Before me. the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who :,cin{; 'first duly sworn, according to law. says th,it sl-e is LEGAL SALES REPRESENATIVE AND ' °_.OYEE OF THE PUBLISHER, namely.,thy. r'orpus Christi Caller-Times, a daily newspaper pi.'.,tiched at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 1i;1 '-loryg. Jib) Wells, Kleberg, Live Oak. Nueces, Refugio, and San Patricio, Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 04/14/14 Mon CC-Internet caller.com 04/14/14 Mon N...... L ac"....."---....— LEGAL SALES REPRESENTATIVE lifOn this ) day of ri I , 20iµ certify that the attached document is a true and exact copy made by publisher. SYLVIA P.PEREZ p_suiti €'; - 1 MY COMMISSION EXPIRES Notary Public, State of Texas . Feiner/27,2017 CCCT April 14,2014 1 3E NOTICE OF PASSAGE OF ORDINANCE(S) 0.030147,Ordinance amend- ; ing the Unified Development Code by revising subsec- tions 3.3.3.0 and 3.4.2.D regarding City Council final action on Zoning Map amendments (rezonings), and historic overlay districts or landmark designations; and providing for severance, penalties, and publication. This ordinance was passed and approved on second reading by the City Council on April 8,2014. /s/ Rebecca Huerta City Secretary