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HomeMy WebLinkAbout028873 ORD - 12/07/2010Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ADMIRALS' ROW COUNCIL OF CO-OWNERS, BY CHANGING THE ZONING MAP IN REFERENCE TO 8.658 ACRES OUT OF THE J.W. WATERBURY SURVEY NO. 596, ABSTRACT 408, LAND SCRIPT 167, LOCATED BETWEEN STATE HIGHWAY 361 AND THE GULF OF MEXICO, APPROXIMATELY ONE (1) MILE NORTH OF ACCESS ROAD 2, FROM THE "AT" APARTMENT -TOURIST DISTRICT TO THE "AT/PUD-2" APARTMENT -TOURIST DISTRICT WITH PLANNED UNIT DEVELOPMENT -2 (PUD -2), NOT RESULTING IN A CHANGE OF LAND USE, BUT SUBJECT TO A SITE PLAN AND EIGHT (8) CONDITIONS; 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 Admirals' Row Council of Co-owners, 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, October 27, 2010, during a meeting of the Planning Commission, and on Tuesday, December 7, 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 changing the zoning on 8.658 acres out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, located between State High Way 361 and the Gulf of Mexico, approximately one (1) mile north of Access Road 2, from "AT" Apartment - Tourist District to "AT/PUD2" Apartment -Tourist District with Planned Unit Development -2 (PUD -2), not resulting in change of land use, but to provide for the uses of the "AT" Apartment Tourist District and to allow for the design capabilities of the Planned Unit Development (PUD) section of the Zoning Ordinance, creating sixteen single-family residential lots and one common area with a facility maintenance building, subject to a site plan (Exhibit A), and eight (8) conditions. (Exhibit B —Planning Commission and Staff Recommendation) (Zoning Map 022037). H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda112-7-101Adminerals' Row Council of Co-owners\ORD.Zoning Case No.1010- 01.(AT) to (AT-PUD-2).Final.doc 028873 INDEXED Page 2 of 4 SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: 1. Uses: All uses allowed in the "AT" Apartment -Tourist District, plus the establishment of a Planned Unit Development -2 (PUD -2), consisting of the existing sixteen single-family residential Tots and a common area with a facility maintenance building as per the provided site plan. 2. Lot Size: No lot size shall be less than 5,418 square feet as per the attached site plan. 3. Private Driveway: The minimum private driveway width shall be no less than 20 feet as per the attached site plan. 4. Lot Frontage: Lot frontages shall be consistent with the approved plat and any new lots shall be constructed at the required 50 feet of lot frontage. 5. Side Yards: Side yards shall be consistent with the approved site plan and consistent with all applicable code requirements. 6. Front Yards: Front yards shall be consistent with the approved site plan and any new lot shall provide a 20 -foot front yard setback. 7. Sidewalks: Sidewalks are not required. 8. Time Limit: Such Planned Unit Development -2 (PUD -2) shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in the above listed conditions of this ordinance. SECTION 3. 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 4. 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 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda112-7-101Adminerals' Row Council of Co-owners\ORD.Zoning Case No.1010- 01.(AT) to (AT-PUD-2).Final.doc Page 3 of 4 SECTION 7. 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 8. 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 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 s that this ordinance is passed upon first reading as an emergency measure on this day of Na114,6 , 2010. ATTEST: CITY OF CORPUS CHRISTI ,ote adltfrtte Armando Chapa - Joe Acme City Secretary Mayor, City of Corpus Christi APPROVED as to form: This 23rd day of November, 2010 eborah Walther Brown Assistant City Attorney For City Attorney H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda112-7-101Adminerals' Row Council of Co-owners&ORD.Zoning Case No.1010- 01.(AT) to (AT-PUD-2).Final.doc Corpus Christi,k^Texas go -day ofbLt1 2 4 , 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 me Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 028873 $ L9E 4•0++ 1 !H DIMS • a 3. € siqcra 1 II `" 4( f III 4N. III 4,`S, c• X1111 /1/) I 1l! 1 Ili 1:! g lOw it I_1 % 4 Eal, 5 2, oat, lift 1'7 31-0 5m Tv ti ,,- r ill .-0. :31 zit !Ij tI 3 if; ;�■l ;fie! dip, ! .9 ft 4-A .aFig dig. ,'$ 2 g Bitt Iw iaA ll! 42 101 e i $a Eay :f fR ltag $ 2. a �3r� ��� 1 3s fa !til gm 2/ -I wP Pi [-6 -g "a 11,R 414 pis !� 11 n tit !4 3 IIII I _g l gw 'if:gw go Cs s a oa he VAI =-1 K$ r a .. ,. a'' J1 iin5°-°°tea 10A ad- is art g 141' Na s 1 u r E' w 2 1:f �z7 40 Fi1�l tQ1 fidif 1110 IP! P V p�H q Iae11Ee 3 a A EXHIBIT A ,•, BELL A VtS TA A ti Prop:wed By: SAR tra y Wrr cs Oenar,r-9nr c v8C95 CASE: 1010-01 EXHIBIT B PLANNING COMMISSION STAFF RECOMMENDATION FROM: AT TO: AST/PUL.-2 ORDINANCE NO. FINANCE DEPAI •4ENI 10 NOV29 111,1Dit State of Texas County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5955144 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 PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 11/22/2010, 11/22/2010. $ 178.23 LEGAL SALES ' : PRES NTIVE 1Time(s) On thio day of 1 i + Y 2101 O I certify that th : ched document is a true and an exact copy m de b publisher. gie GWWNNJ. MEDINA MY OOMM13SION EXPIRES '`:�'.. _ , 2072 T� ALusf2 Notary Public, State of Texas 4g » November 22, 2010 » CALLER -TIMES Leal Notices 1110 HE MEP' ZONING APPLICATIONS) OF.THECITY:OOF. CORPUS CHRISTI 1 Notice: is hereby giv- en that the Corpus Christi City Council will conducta public hearing on December 7, 2010 during a reg- ular Council meeting which commences at 12:00.. pm in the Council Chambers, City Hail, 1201 Leop- ard, to consider the. following zoning ap plications which are. on file in the Office of the City Secretary & the Dept. of Planning. At said time & place of hearing, persons & parties interested may appear before the City Council: 1. ''101`0-01', Admirals' Row Council of Co-oWn- ers: From the 'AT' Apartment -Tourist District to the 'AT/PUD-2" Apart- ment -Tourist District with Planned Unit Development -2 - Lo- cated approximately one (1)' mile north of Access' Road 2:.>. Information may be obtained by calling or visiting the Dept. of Development Servic- es, Planning Section at (361). 826-3560, 2406 Leopard St. Is/Armando Chapa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5956830 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. 02887 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12 / 13 / 2010, 12 / 13 / 2010. $ 140.40 1Time(s) On this ay of LEGAL SALES RFIPRES "NT VE certify that the attached document is a true and an exact copy m- s - . •ublisher. --- 40'44 GWENN J. MEDINA el MY COMMISSIONEXPIRES August 2, 2012 otary Public, State of Texas CALLER -TIMES K {december 13, 2010. « 5E Legal Notices 1110 NOTICE OF PASSAGE OF ORDINANCE NO. 028873, Ord. amending: the Zoning Ord.,upon applica- tion by Admiral& Row CoucIl of Co-own- ers, by changing the Zoning Map In refer- ence eference to 8.858 acres out of the J. W. Wa- terbury Survey No, 596, Abstract 408, Land Script 167, lo- cated between Stale Highway 361 & the Gulf of Mexico, ap- proxlmately'one (1) mile north., of Access Road 2, .from ';the. `AT"'Apartment-Tour- ist artment Tour-ist District to . the AT/PUD-2" Apart- ment -Tourist District with Planned Unit Development -2 (PUD -2), not result- ing in, a change of land use, but subject to a site plan and eight (8) conditions_ This ord. was passed & approved by the Corpus Christi City Council on Deo. 7. 2010. /s/ Armando Chapa City Secretary •