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HomeMy WebLinkAbout027036 ORD - 10/31/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MIRABAL DEVELOPMENT GROUP, BY CHANGING THE ZONING MAP IN REFERENCE TO THE BASS SUBDIVISION, BLOCK 28, LOTS A, B, C, D, AND E, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "R -2" MULTIPLE DWELLING DISTRICT WITH A "PUD -2" PLANNED UNIT DEVELOPMENT 2 OVERLAY, SUBJECT TO A SITE PLAN AND FIVE CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. VMHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Mirabal Development Group, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; V*IEREAS, 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, October 31, 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 1NIEREAS, 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: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on the Bass Subdivision, Block 28, Lots A, B, C, D, and E, located on the north side of Sandra Lane approximately 1,000 feet east of Airline Road, from "R -1 B" One - Family Dwelling District to "R -2" Multiple Dwelling District with a "PUD -2" Planned Unit Development 2 overlay, as shown on the attached site plan (Exhibit) containing a club house, pool, and fifteen buildings with five units in each bulling and subject to the following five conditions: (Map 042033) 1. Height: Buildings shall not exceed three stories. 2. j.ightinq: Outdoor lighting shall be directed away from adjacent single family residences with no more than moon light (two lumens) at the property lines of the property. 3. Landscaping: In addition to compliance with Article 27B, Landscape Regulations, the subject property shall provide landscaping indicated on the site plan including Page 2 of 4 minimum six foot high. three inch diameter trees placed on fifty foot centers within five feet of the Sandra Lane Street right -of -way. 4. Screening Fence: A solid screening fence with a height of not less than six (6) feet must be used along the eastern and western property lines. 5. Time Limit: Construction of the townhouse project shall commence within one (2) years from the approved ordinance date of the "PUD -2" Overlay and construction shall be completed within five (5) years from the approved ordinance date of the "PUD -2" Overlay, of the "PUD -2" expires SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, 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 4. 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 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 7. That 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 8. 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 irrirnediate 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 upon first reading as an emergency measure on this 31st day of October, 2006. Armando Chapa City Secretary CIT )/OF CORPUS CHRISTI NI .1i / _eiiAY enry Garrett Mayor, ity of Corpus Christi H: \LEG - DIR\Shared \GaryS \agenda\2006 \10 - 31!,0906 -02 Mirabal Development Group.doc Page 3 of 4 APPROVED: October 25, 2006. ry W" Smith Assistant City Attorney For City Attorney EFPIE DATE P(c/P(e H: \lEG -DIR \Shared \GaryS \agenda\2006 \10 - 31\0906 -02 Mirabal Development Group.doc Page 4 of 4 Corpus Christi, Texas day of f 1. b�, 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, ° r'/ ry Gar ett Mayor, Ci y of 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 Mork Scott Hat EG -DIR \Shared \Garys1agenda'2006\10 -31 \0906 -02 Mirabal Development Group.doc 4):2 7 ,1 6 SITE PLAN GEOTEK ENGINEERING ENGINEERING, PLANNING, CONSULTANTS geotek©ttrcomm.us 1135 W.W000LAWN, SAN ANTONIO, TX. 76201 (361) 688-9705 CA.be 9 To I - o2 PUBLISHER'S AFFIDAVIT State Texas CITY OF CORPUS CHRISTI Count, eft Nuece r ss Ad # 5592577 PO# Before me, tie undersigned, a Notary Public, this day personally came Sandra ()rum ho he�a�g lr�. duly s 1, according to law. says that she is Legal Sales Representative of t he Corpus Christi Caller- Times, a daily newspaper ublished a =._ (s pus Christi i i said C tv and State generally circulated in ,‘ransas. Berl. Brooks Drivai . inp Hogg :Jim Wells, Karnes, Kenedy, Kleberg, _,ve OF k Nueces . Retugio. San Patrick), Victoria and Webb Counties, and that he pu Bleat on NOTICE OF PUBLIC HEARING TO which the annexed is a rue c, ,n, IA as iris, rt d i z The orpus "'hristi Caller -Times and on the World Wide y eb on ? Caller -Times Interactive on the 16TH day(s) of OCTOBER, $230.1- Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of tba l I l Notary Public. Nueces County, Texas Michelle Cabrera Print or 'i pe Name of Notary Public A9 e°ommission expires on March 19, 2008. Mii HE_,i,E , YC CAE,RERA �Ati1l� igty :[O V 12F . Monday . OctoN 16, 2006 NOTICE OF PUB - HEARING TO' CONSIDER ZONING APPLICATIONS) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday, October 31, 2006 during a regular Council meeting which commences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said application(s) are on ; file in the Office of the City Secretary and the Department of Planning. At said time I and place of hearing, all persons and parties j interested may appear before the City Council. The zoning/ application(s) to be considered at the hearing are as follows: 1. 0906 -05, 3920 South Park Plaza, LLC: From 'R-1B" One - family Dwelling District to a "B -1 Neighborhood Business District Located at the intersection of Weber Road and Delphine Street. 2 0906 -02, Mirabal Development Group L.C.: From "R-1B" One - Family Dwelling District to a "R- 2 " / "PUD -2" Planned Unit Development - Located on the north side of Sandra Lane, approximately 1,000 feet east of Airline Road. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3580. 2406 Leopard Street. /s/ Armando Chapa City Secretary iit,V of Corpus Christi State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5607302 PO# Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, who being firs duly sworn, according to law, says that she is Legal Sales Representative of 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, Karnes, Kenedy, Kleberg, Live Oak. Nueces, Refugio. San Patrick), Victoria and Webb Counties, and that the publication of. NOTICE OF PASSAGE OF ORDINANCES which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 6TH day(s) of NOVEMBER, 2006. $ 176.2.=1 Nit MICHELLE JOYCE CABRER? CCMMISSION EXPIRES 'March 19, 2008 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of f� c Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. November 6, a NOTICE OF PGE OF ORDINA s, Plasettitt Unit Devafp�ft 2 1110000* to a fie c five end NO. 027037, amending the Zoning uo Ordinance, by to the a shopping center; amending the Plan to account- for arty deviation. from the e a t L i n g Plan;