HomeMy WebLinkAbout028789 ORD - 09/21/2010Page 1 of 3
ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING
MAP TO ESTABLISH A ZONING DISTRICT FOR APPROXIMATELY 5
TRACTS OF NEWLY ANNEXED SUBMERGED LAND (ANNEXATION
ORDINANCE NO. 028283), TOTALING 6.635 ACRES, OWNED BY THE
PORT OF CORPUS CHRISTI AUTHORITY, ALONG THE SOUTHERN
SHORELINE OF NUECES BAY, AS "R -1B" ONE -FAMILY DWELLING
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of the City of Corpus Christi, 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,
June 23, 2010, during a meeting of the Planning Commission, and on Tuesday,
September 21, 2010, 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 establishing a zoning district for approximately 5 tracts, of newly annexed
submerged land (Annexation Ordinance No. 028283, attached as Exhibit. "A"), totaling
6.635 acres, owned by the Port of Corpus Christi Authority, along the southern shoreline
of Nueces Bay, as "R-1 B" One -Family Dwelling District. (See Exhibits "B", "C" and "D"
for Maps of Tracts 1-5)
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.
028789
H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda19-21\CASE NO. 0610-05 CITY OF CC\ORD.City of C.C.. Recently Anexed to
R-1 BZoning.doc
INDEXED
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 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 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. 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 t t this or inance is passed upon first reading as an emergency
measure on this r Q/ day o .. , 2010.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe Ae
City Secretary Mayor, City of Corpus Christi
APPROVED: September 13, 2010
eborah Walther Br
Assistant City Attorney
For City Attorney
H:ILEG-DIRISharedlLEGAL-DEV.SVCS12010 Agenda19-211CASE NO. 0610-05 CITY OF CCIORD.City of C.C.. Recently Anexed to
R-1 BZon ing.doc
Page 3 of 3
Corpus Christi, Texas
day of, 2010
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, Respectfully,
Joe A ame
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
028789
H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda19-211CASE NO. 0610-05 CITY OF CCIORD.City of C.C.. Recently Anexed to
R-1 BZoning.doc
Page t' of 4
ORDINAN:CE .w .�
ANNEXING. APPROXIMATELY FIVE TRACTS, f� W
APPROXIMATELY 6.635 ACRES, OF SUBMERGED LAND 'WED
THE PORT OF CORPUS CHRISTI AUTHORITY ADJACEN TO
CITY LIMITS ALONG THE .SOUTHERit SHORELINE, OF NU S
THAT LIE BETWEEN :THE CURRENT CITY LIMIT LINE AI
NUECES'BAY SHORELINE; PROVIDING THAT THE OWNER
INHABITANTS ARE ENTITLED TO ALL. RIGHTS, PRIVILEGES, A
BURDENS OF OTHER CITIZENS AN.Q PROPERTY OWNERS OF THE
CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY
THE CITY CHARTER, ORDINANCES, .RESOLUTIONS, AND RU,LES;;,
PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE
CITY OF CORPUS' CHRISTI; PROVIDING FOR SEVERANCE;
PROVIDING AN EFFECTIVE -DATE; PROVIDING FOR PUBLICATION;:
AND, DECLARING AN EMERGENCY.
WHEREAS, with the exception of the .area adjacent to the Nueces Bay; Power Plant, the
City of Corpus Christi desires to set Its boundary along the southern shoreline :of
Nueces Bay, and to ensure that the shoreline shifts with normal accretion and erosion ,of
the shoreline,:
WHEREAS, portions of the city limit linealong the shoreline have remained static and
has not shifted with accretion and erosion, which has resulted In some submerged lands
not being within the City and some uplands that should be in the City's Industrial district
being within the City limits;
WHEREAS, the Port of Corpus Christi. Authority has petitioned the City to adjust its
boundaries along the southern shoreline of Nueces Bay by annexing submerged lands
between the current city limits and the shoreline within the areas patented to the Port of
Corpus Christi Authority by the State of Texas, under the authority of Section 43028,
Texas Local Government Code;
WHEREAS, the City of Corpus Christi desires to annex approximately five.` tracts,
totaling approximately 6.635 acres, of submerged land owned by the Port of Corpus
Christi Authority, adjacent to the city limits along the southern shoreline of Nueces Bay,
that lie between the current city limit line and the Nueces Bay shoreline, to the City of
Corpus Christi',
WHEREAS, it has been determined: by the City Council that the territory now proposed
to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus
Christi;
WHEREAS, it has been determined by the: City Council that the territory now proposed.
to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi,:
EXHIBIT "A"
Page 2 of 4
WHEREAS, it has been determined by the City Council that the territory now proposed
to be annexed constitutes lands and territories subject to ;annexation as provided by the
City Charter of the City of Corpus Christi and the laws of the State of Texas; and
WHEREAS, it has been determined that it would be advantageous to the City and to its
citizens and in the public interest to annex the lands and territory described in this
ordinance,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 'CITY OF
CORPUS CHRISTI, TEXAS:.
SECTION 1, That approximately five tracts Of. submerged land, with approklmately
6.635 acres,more or less, Out of the subrnerged lands patented to the Port of Corpus
Christl Authority, as the successor of the Nueces County Navigation Disttict 10,11oy
the State of Texas, under the folloWingpatents issued 'by the State of Texas: Patent
No.. 84, Issued on May 7, 1936, recorded in Volume 47k. Patent No. 381, issued on
October 22, 1947, recorded in Volume 7-13:: and Patent No. 446, issued on Jenuary%:.
1956, are annexed to, brought within the corporate limits,,and made an integral part cf.
the City Of _Corpus Christi. The tracts of submerged land being annexed are those
submerged lands, which are owned by the Port of Corpus Christi Authority, that are
between the current City limits andlho.current low water line along the southern shore
of Nueces Bay„ The relocated City ilmitaline,Is.deabribed In Exhibit A Ofthis ordinance,
which Is attached to and incorporated into thie.ordinanoe, The approximate location of
the tracts of 041;Imergeititid are shown on the. map in Exhibit B of this ordinance, which
is attached to and incorporated Into this ordinance.
SECTION 2. The southern shoreline of Nueces Bay remains the City's corporate !Hilts.
notwithstanding any changes to the phySibailobation of the shoreline caused by the
natural..adcretion or erosion of the shoreline.
SECTION 3. That thovoinets..ond inhabitants or the tracts or parcels of land annexed
. . .
by this are entitled to all the rights, privileges, and burdens Of other.OltiOnt
and property owners of City of Corpus Christi, andare:SObjett-to and bound by the
City Charter of the, City. of.CorpusChrlatt,, and.theordinancesjesolutlons,: motions,
laws, MOS and regulations of city of Corpue.Chriett;and to intents and purposes
as the present owners and inhabitants of the Citycif"CdtpOs Christi ate subject.
SECTION 4. That the official map and boundaries of the City and. Its extraterritorial
jurisdiction, previously adopted and amended, are amended to include the territories
described in this ordinance as part of the City of Corpus Christi, Texas.
SECTION 5. That the City Nienager or his designee Is directed and authorized to
perform or cause to be performed all acts necessary to correct the official map of the
City and its extra territorial jurisdiction to add the territory annexed as required by law.
SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of the ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other 'section,
Page 3 of 4
paragraph, subdivision, clause, phrase, word or proviejon of this ordinance for it Is the
definite intent of this City,CoUntil that every section, paragraph, subdivision, clause,
phrase, word or provision hereof beYgiven full force and effect for its purpose.
SECTION 7. This ordinance goes into effect at 12:01 a.m., September 1, 2009.
SECTION 8. 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 9. That upon written, request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declare:3:am emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires co.nSideration of and voting upon
ordinances at two regular meetings so that. this ordnance is passed and takes effect
upon first reading as an emergency measure On this the day of August, 2009.
ATTEST CITY OF CORPUS CHRISTI
Armando Cherie
City Secretary
APPROVED: August 19th, 2009
y&rung
Fist Assistant City Attorney
For City Attorney
Joe Adame
Mayor
Page 4 of 4
Corpus Christi, Texas
day of August, 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chrlsti, 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, Respectfully,
Joe Adame
Mayor
The above ordinance was passed by the following vote:
Joe Adarne
Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
EFFECTIVE DATE
347)10110a1)2129
SUBJECT
PROPERTY
oci.169 yo
par r enc ,Xowaewoos
PLANNING COMMISSION &
STAFF RECOMMENDATION
From: Recently Annexed
To: "R-113"
CASE: 0610-05
ANNEXATION
TRACT 2 (0.39 AC), TRACT 3 (2 56 AC)
EXHIBIT "C"
PLANNING COMMISSION.
STAFF RECOMMENDATION
ORDINANCE NO.
SUBJECT
PROPERTY
06,10120 PO
Pox' ed SPR
Nop Errnt orviceb
CASE, 0610-05
ANNEXATION
TRACT 4 (2.72 AC), TRACT 5 (0.95 AC)
EXHIBIT "D"
PLANNING COMMISSION
STAFF RECOMMENDATION
State of Texas
County of Nueces
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5946836
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, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PUBLIC HEARING TO CONSIDER ZON which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
8/2/2010, 8/2/2010.
$ 218.97
1Time(s)
SALES EPRESENTIVE
On this 2/iday of , 2X69I certify that the attached document
is a true and an exact copy ade by p blisher.
fki
WENN J, MEDINA
MY COMMISSION EXPIRES
Moot 2, 2012
Nota Public, State of Texas
CALLER -TIMES K August 2, 2010 « 3E
Legal Notices MO
NOTICE OF PUBLIC
HEARING TO
CONSIDER ZONING
APPLICATION(S)
OF THE CITY OF
CORPUS CHRISTI
Notice is hereby: giv-
en that the Corpus
Christi City Council
will conduct a public
hearing on August
17, 2010 during a
regular. Council meet-
€ng; which
commences at 12:00
pm in the. Council
Chambers, City Hall,
1201 Leopard, to
conside rthe following
zoning applications
which are on file in
the Office of the City
Secretary.& the Dept.
of Planning. At said
time & place of hear-
ing, persons. &
parties interested
may appear before
the City Council:
1. 0610-03, Jack R.
Baker: From the 'AB"
Professional Office
District to the "B-1"
Neighborhood Busi-
ness District
Located in Northwest
Estates, Biock 11,
Lot 4, at 4030 River
Hill Dr.
2. 0610-04, Extreme
Homes of Texas,
LLCM: From the "R -1B''
One -family' Dwelling
District to the "R -1C"
One -family ' Dwelling
District` - Located at
Shallow Creek Dr.
3. 0610-05, City of
Corpus Christi: Zon-
€ng recently annexed
properties to the
"R -1,B" One-Famlly
Dwelling. District - Lo-
cated: along the
southern shoreline of
Nueces Bay.
Information may be
obtained by calling or
visiting the Dept. of
Development. Ser-
vices,
ervices, Planning
Section at
{361) 826-3560, 2406
Leopard St.
/s/Armando Chapa
City Secretary
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5949512
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, 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
9/6/2010, 9/6/2010.
$ 166.59
1Time(s)
On this vT day of
is a true and an exact copy made "a publisher.
..0
11
LEGAL SALES R PRES NTIVE
6tat-b-4-20/0 I certify that the attached document
GWENN J. MEDINA
MY COMMISSION EXPIRES
August Z 2012
Totary Public, State of Texas
ttember 6 2010.1 CALLER -TIMES
Legal Notices 1110
�e-
otioe la iereby giv-
°i that :t e Copus;
Chrlstr CIty Cd ,.. di
will conUct E(1440ll
hearing Septem;
r V, Ct�7,004.e
g r0 ny
ing rhl fnme00.
'es ate l :OO Pm invth
Council Chambers.
;CityHall,, 1201 Lpatio:ardd_to,;consider th
following zoning'a
pldation s) which:a
on file, in:the Office..
the City`.Secretary.o
`
the Dept. of Pfanniin
At said time :& plac
of hearing persons;
;parties; inter S e
may apppear belor
the City Cc ncii
1i 0 10.0,5,E C It §o
Corpus:chrlstl; gn
ing recently annexed'
pFtp ro ertles to the
fir-On"s Farnily:
Dwellitig District -'Lo
i.y along
cate;the.
southern` shoreline of
Nueces:Bay
information may :bei
:abtalned by catling" Or.
.visiting";the Dept. of
Development Servic-
es Plarnin Sectio
at (361) 826.3560
2406 Loopard St.
fs/Arrnanda Chap
CitySecreta
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5950827
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. 02878 which the annexed is a true copy, was inserted in the
Corpus Christi Caller -Times on the 9/27/2010, 9/27/2010.
$ 114.21
LEGAL SALES REPRESENTIVE
2Time(s)
On this IW`- dayof�J��� , 2 "'-I certifythat the attached document
is a true and an exact copy made by publisher.
GWENNJ. M NA
MY COMMISSIOiV EXPrf ES
"' P„ Atigutt2, 2012
Notary Public, State of Texas
CALLER -TIMES « September 27,, 2010 a 3E
Leal Notices 11
Nonce OF
PASSAGE OF
ORDINANCE
NO. 028789, Amend-
ing the
mend-ing;the Zoning, Ord.,
upon application b
City of Corpus Chris
ti, by changing;=thr
Zoning Map to estab-
lish a Zoning Diatrict
for approximately `L
traipts Of newly an:
ne.ted submerge_
land (Annexatio
Ord. No. 028283), to
haling 6.635 acres,
wnedby the Port of
orpus Christi Au-
hority, along the
outileal shoreline of
ueces Bay,as
Ti -le" One-fmily
welling District This
rd. was passed &
pproved by the Cor -
us Christi City
ouncil on Septem-
er21 .2014.
is/Armando Chapa
City Secretor
7