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HomeMy WebLinkAbout027697 ORD - 05/13/2008Page.1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DAN CE M. KNIPPA AND JOHN H. BRADSHAW, BY CHANGING THE ZONING MAP IN REFERENCE TO CHAMBERLIN'S 'S BLOCK 7, LOT 7 AND WEST ONE-HALF OF LOT 8 AND SOUTH BLUFF BLOCK 14, LOTS 4 AND 5, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-5" PRIMARY BUSINESS DISTRICT; AMENDING THE ZONING MAP; AMENDING THE COMPREHENSIVE E PLAN TO ACCOUNT FOR ANY DEVIATIONS S FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Danyce M. Knippa and John H. Bradshaw, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 2, 2008, during a meeting of the Planning Commission, and on Tuesday, May 13, 2008, 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 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 Chamberlin's Block 7, Lot 7 and west one-half of Lot 8 and South Bluff Block 14, Lots 4 and 5, located on Agnes Street approximately 160 feet east of Staples Street and located on Laredo Street approximately 150 feet east of Staples Street, from "A_" Apartment House District to "B-5" Primary Business District. (Zoning Map 045044) (Exhibit A) 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. 027691 H:1LB -DI \ hared'JaylAgenda1200818-1 I I D-zoningO4O8-O2 nippa-Bradshaw- hamberlIns- OuthBlu .dO Page 2 of 3 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 . 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 35-3 of the Zoning Ordinance of the City of Corpus Christi. 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. 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 9. 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 upon first reading as an emergency measure on this 13th day of May, 200 8. ATTEST: Armando Chapa City Secretary APPROVED: May 5, 2008 R. J ay i n i n First Assista t City Att. rney For City Attorney CITY CORPUS CHRISTI Henry G . rett Mayor, City of Corpus Christi H:\LEG-DIR\Shared\Jay\Agerwda120O 1 -1 \OFD-zoning0408-02Kriippa-Bradsha r- hamberlins- outhBIuff.doc Page 3 of 3 Corpus Christi, Texas day of , 2008 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. lwe, 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, Respectfully, enry Gar ft Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill lel l Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 4,6€44- 027697 H:1LE -DI I hared\Ja \Agenda120O 1 -1 \O D- oning0408-O2Knippa-Bradshaw- hamberliris- outhBluff.do 05-05-'08 12:04 FROM -DEV. SVC. PLANNING T-065 J P001/002 F-083 STATE OF TEXAS COUNTY OF NUECES 03/138 Dago 1 of 1 esie*Oztoe. -o BEING A 1,562.5 SQ. FT. TRACT OF LAND, BSG THE WEST ONE` RAS OF LOT H BLOCK 7 CHAMBERLIN'S SUBDIVISION, AS RECORDED IN VOLUME A, PAGE 16, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOSS AS FOLLOWS: BEGINNING at a found drill hole located on the north fight -of -way line of Agnes Street feet wide), for the southeast corner of said west one-half of Lot 8, from which point a found 5/8" iron rod bears North 810 00' 00" Est, a distance of 62.5 feet for the common south corner of Lot 10 and Lot 11 of said Chamberlin's Subdivision; THENCE South 810 00' 00" West, with said north right-of-way lire of Agnes Street, and south line of said Lot 8, a distance of 12.5 feet to a set 60D nail for the southwest corner of said Lot 8 and for the southeast corner of Lot 7 of said Chamberlin's subdivision; THENCE North ' 00' 00" West, with the west line of said Lot 8 and with the east line of said Lot 7, a distance of 1210 feet to a set 6013 nail located on the south fine of Lot 5, Block 14 aid Chamberlin's Subdivision for the northeast corner of said Lot 7 and for the northwest comer of said Lot 8; THENCE North 810 00' 00" East, v ith the south line of said Lot 5 and with the north line of said Lot 8 a distance of 12,5 feet to a point for the northeast corner of said west one-half of Lot 8; THENCE South 09° 00' 00" East, with the east line of said west one-half of Lot 8 a distance of 125.0 feet to the POINT OF BEGINNING, and containing 1,562.5 Sq. Et. of land more or less. All tails made herein and shown on the exhibit of even date and made a part hereof are taken from the plat of hamberlin' Subdivision as referenced, and not from points found in the field. Maverick Engineering, Inc. 400 Mann Street, Ste. 200 Corpus Christi, Tx 78401 (36Ii-35OO di E, Evans, R.P.L.S. 5373 40.9trf..47-e-% i.l� .Y 4ssot.6%,ii ste*O. ,. slop \O n19-9001 \Working DatiAtietETES AND tiOUND.doc xrhih.f InitialIt's s 000r - 0.2 05-05-'08 12:04 FROM -DEV. SVC, PLANNING STAPSTAPLES STRE ET FENCE CORNER ( S 79.4'06"W Q.89' S SET 600 1/4 LOT 8 / NAIL TAIL NOT TO SCALE AREA TO BE REZONED OWNER: JOHN H. B ADSH W 314 S. STAPLES Sp x,5''4.1 SEE DETAIL, N 81'00'00" E 62,5' T-065 P002/002 F-083 APPROXIMATE LOCATION 07 EXISTING CHAIN! LINK FENCE SET 60D 184. TO DRILL HOLE NAIL DRILL HOLE P ' FENCE CORNER LOT 6 FENCE CORKER LOT 1014 AGNES LOT 10 EAST 1/2 OF LOT 8, AND LOTS 10, BLOCK 7,CHAME'LRLINIS SUBDM ION. VOLUVE A, PAGE i CONCRETE DRIVE 14 81' 0O O0" € 62.5' DRILL HOLE AGNES STREET (60' RIGHT-OF-WAY) 11126 if)Vt P Cokr.. 40' ' i ME 11111111111 NORM 0 c1 09.00"00" IN 2 150' TO WEST R.O.W ji LINE OF K1 NC ST, 5/8"IIRON ROD ESE,LF IN SHOWN A-7? F L Clivi THE P1.AT 3F CH \,I ERLIN' uBDIVI N -SHOWN, E l- z VL 1 11/2 OF I. T til, H L O +C �' , 4� �! �5f + � I� r 1 5 I.. � * + I {*f i i {`• f• 1• i) Dm' No' ; 08519-900 SCALE : =201 CAT€ . 3-13-2008 CIVM, 9Y : KV f�ClMAVERI(Th .J1 ENGINEERING, ERING, INC. 04 DM, C iF.E CHRIST. x 7i1,41J TC." 201 4$6'C`C; 4 .t .1;I PUBLISHER'S AFFIDAVIT State of Texas } CITY OF' CORPUS CHRISTI County of Nueces } Ad # 5856171 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, 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 -Tunes, 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 Patricio, Victoria and Webb Counties, and that �th�e publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0276 L hich©The cf 7 annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/19/2008,5/19/2008. $ 189.87 1Time(s) On thisaY of , 2 ddecertify that the attached document �..�Y is a true and an exact copy ma e by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2,2008 Not • Public, State of Texas May 19, 2008 • r:.' NOTICE OF PASSAGE OF :ORDINANCES NO 027696, :.Amend- Ing•I.the ;;Zoning Ordinance, 'upon appli- cation., by Gary Johnson, by changing the Zoning Map in reff 'erence°",_to:;::113.928? acres out •afJCRus-'. Self Farm Blocks; Block 1 i:Tract'1 t•: and 1.54 acres`out of J.C., Russel!` Farrn Blocks,; Black _11 :•-Tract. from i-2': tight Indus- trial District to "1-3` Heavy;' Industrlah Dis= Mot'. amending •the Zoning Map and -NO., 027897r„Amending the Zoning:4:Ordi nance,' upon application. by Danyce; Ifnipppa' and.; John H.-,Bradshav4.by: changging the Zoning Map "l n,.reference .to Chamberlin's .Block -7; Lot 7.andwest one- half -of Lot ne-half-of.Lot 8 and South Bluff:Block14, Lots 4 and 5 -from "A-2"; Apartment House Dis- trict ta "`B-5" is-trictto-FB-5" . Primary Business District; amending the Zoning Map; amending the Comprehensive Plan to account for any de- viations from the existing Comprehen- sive Plan; providing a repealer clause; pro- viding ":a: penalty; providing for publica- tion,',:- These ordinances were passed and approved by the City Council of the City of Corpus Christi, on May 13, Is! Armando Chapa CitySecretary City of Corpus Christi j State of Texas County of Nueces 1 PUBLISHER'S AFFIDAVIT 0/M43t CITY OF CORPUS CHRISTI Ad # 5852430 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/28/2008,4/28/2008. $ 230.61 1Time(s) da) LE PRESENTIVE On this &1U Ylay of� , 2 11 certify that the attached document is a true and an exact c py made by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2,2008 Notary Public, State of Texas "April 28, 2008 • !NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Coun- ci(of, the :.City of Cgpus, Christi will conduct a public hear- ing on Tuesday,; May 13,- 2008 during a regular Councilmeet- ing which commences at 10:00 "a.m. in the !City Councll Cham- bers, City Hall, 1201 Leopard,to consider the following zoning application(s) of which said applications) are on file in the Office of the City Secretary and the Department of Planning.. At said time and place ofhearing, all personsandparties interested may appear before the City Goun- cli. The zoning application(s) to be consideredatthe hearing areas follows: 1.'-0498-01,>Gary Johnson:: From a "I.2 Light Industrial District to. an "1.3" Heavy In- dustrial District - Located on the east side of Navigation Boulevard -approxi- mately 500 feet south of Agnes Street (SH 44).. 2. 0408-02, `Denyce M. Knlppe & John H. Bradshaw:; From. "A-2Apartment House District to a B-5 PrimaryY-Busi-I ness'District-Located on AgnesStreetap- proximately 160 feet east of Staples Street and Laredo Street ap- proximately 150 feet east of Staples Street. Information :- may : be obtainedbycalling or visiting the Depart- ment of Development Services,:. Planning Section at (361) 826-3560, 2406 Leopard Street. /s/Armando Chapa "- `-City Secretary City of Corpus Christi