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HomeMy WebLinkAbout032731 ORD - 04/26/2022One reading ordinance establishing the process and type of notice required for a joint public hearing of the City Council and the Planning Commission for zoning map and zoning text amendments. Whereas, the City Council may, from time to time, amend, supplement or change by ordinance, the boundaries of the zoning districts (i.e., zoning map amendment (rezoning)) or the regulations (i.e., zoning text amendment); Whereas, Texas Local Government Code § 211.006(a) provides that a municipality may establish procedures for adopting and enforcing the zoning regulations and boundaries; Whereas, Texas Local Government Code § 211.007(d) provides a home -rule municipality an alternative to individual written notice in that the governing body may, by a two-thirds vote, prescribe the type of notice to be given a public hearing held jointly with the zoning commission; and Whereas, if notice requirements are prescribed under Texas Local Government Code § 211.007(d), the notice requirements specified by Texas Local Government Code § 211.007 (b) and (c) and by § 211.006(a) do not apply. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The recitals contained in the preamble of this ordinance are determined to be true and correct and are hereby adopted as a part of this ordinance. SECTION 2. The City Council prescribes that the type of notice for a joint public hearing of the City Council and the Planning Commission shall be by publication on a City Council agenda and the City's Internet website at least 72 hours prior to the joint hearing. The notice shall identify the time and place of the meeting. This notice is an alternative to the notice requirements prescribed by the Texas Local Government Code and the Unified Development Code for zoning map and zoning text amendments. SECTION 3. The City Council establishes the following process for adoption of zoning map and zoning text amendments under a joint meeting of the City Council and Planning Commission: (1) Following notice in accordance with SECTION 2, the City Council and Planning Commission shall hold a public hearing. (2) At the Public Hearing, the Planning Commission shall make a recommendation on all proposed zoning map and/or zoning text amendments at the joint public hearing. No proposed zoning map and/or zoning text amendments may be tabled without the consent of the City Council. C:\Users\sara h b\AppData\Roaming\L5\Tem p\fea04872-603f-4292-bca6-5da237e9752a.docx 032 73 1 1 SCANNED (3) In the event an agreement on a recommendation cannot be reached by a majority of the Planning Commission present and voting or if the Planning Commission fails to take action on a proposed zoning map and/or zoning text amendment at the joint meeting, the proposed amendment shall be forwarded to the City Council with a recommendation of denial. (4) The City Council may take final action on the Zoning Map and/or zoning text amendment within six months from the date the recommendation of the Planning Commission is made. In the event the City Council shall fail to act within six months, such proposed Zoning Map and/or zoning text amendment shall be deemed in all things denied. This procedure is an alternative to the procedure established by the Unified Development Code for zoning map and zoning text amendments. SECTION 4. This ordinance supersedes any prior ordinances establishing the process for zoning map and text amendments following a joint public hearing of the City Council and the Planning Commission and prescribing the type of notice required for a joint public hearing of the City Council and the Planning Commission. 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 in this ordinance be given full force and effect for its purpose. SECTION 6. Upon the written request of the Mayor or majority of the members of the Council, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and (2) suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 2(.or day of Apr \ , 2022. ATTEST: Rebecca Huerta City Secretary day of Apr\ Corpus Christi, Texas OF CORPUS CHRISTI , 2022 Paulette Guajardo Mayor C:\Users\sarahb\AppData\Roaming\L5\Temp\fea04872-603f-4292-bca6-5da237e9752a.docx 2 PASSED AND APPROVED on this the 161-11 day of Apir\ , 2022. 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, Paulette Guajardo Mayor The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith C:\Users\sa ra h b\AppData\Roaming\L5\Tem p\fea04872-603f-4292-bca 6-5da237e9752a.docx 032731 Ab0- n