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Home My WebLink About029044 ORD - 04/26/2011Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE NRP GROUP, BY CHANGING THE ZONING MAP IN REFERENCE TO HAWN TRACT, LOTS D & E, AND A PORTION OF LOT C, LOCATED BETWEEN LEOPARD STREET AND LIPAN STREET ALONG THE EAST SIDE OF PALM DRIVE, FROM THE "I-3" HEAVY INDUSTRIAL DISTRICT TO THE "I-3/SP" HEAVY INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT AND TWO (2) CONDITIONS, NOT RESULTING IN A CHANGE OF FUTURE LAND USE; 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 NRP Group, 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, March 16, 2011, during a meeting of the Planning Commission, and on Tuesday, April 26, 2011, 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, 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 Hawn Tract, Lots D & E, and a portion of Lot C, located, between Leopard Street and Lipan Street along the east side of Palm Drive, from the "1-3" Heavy Industrial District to the "I-3/SP" Heavy Industrial District with a Special Permit and two (2) conditions, not resulting in a change of future land use (Zoning Map 042,036) (Exhibit A -"Applicant's Request"; Exhibit B- `Planning Commission's Request"). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following two (2) conditions: 1.) Uses: All uses in the "1-3" Heavy Industrial District, plus the allowance of a 120 unit multi -family residential complex. 029044 H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda14-26-111The NRP Group (The Palms @ Leopard)104.14.11.0311-02 Ordinance (PC Rec 1-3 to I-3-SP)_1 DWBFinal.doc INDEXED Page 2 of 3 2.) Time Limit: Such a Special Permit shall be deemed to have expired within eighteen (18) months of the date of this ordinance, unless the property is being used as outlined in Condition # 1. 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. 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 so tat this or finance is passed upon first reading as an emergency measure on this 24 day of ��,� i , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI ati4r,ite Joe Ad me Mayor, City of Corpus Christi APPROVED AS TO FORM: This "Y day of / , 2011 orah Walther Brown ssistant City Attorney For City Attorney H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda14-26-111The NRP Group (The Palms @ Leopard)104.14.11.0311-02 Ordinance (PC Rec 1-3 to I-3-SP)_1 DWBFinal.doc Page 3 of 3 Corpus Christi, Texas .-rer wG day of , 2011 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 Addfne Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler 4114 Larry Elizondo, Sr. 4 4 Kevin Kieschnick Priscilla G. Leal AWC-4144- John E. Marez Nelda Martinez Mark Scott Linda Strong 029044 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda14-26-111The NRP Group (The Palms @ Leopard)104.14.11.0311-02 Ordinance (PC Rec 1-3 to I-3-SP)_1 DWBFinal.doc EFFECTIVEpA'fE Pares . Park Acrd. i A BATFLIN 2 7 6 6 8 9,t 5 9 3 4 10 12 1 11 2 12 I 1 Ai ST 5 4 3 2 1 TER A RACE LEOPARD: ST 3 141 1 ? f/ B A SUBJECT PROPERTY PORT AV 1 2 PROP 4QL LY CROSS co:Ate Att • e 2 3 3 CASE: 0311-02 EXHIBIT A APPLICANT'S REQUEST FROM: I-3 TO: B-5 ORDINANCE NO. HAWNU/A STASH ARO DQ40R QQ ri a i` f�reparerr Feet Department ofDev�fopment• CHANNEL 01/2011 iv: SRR erviees Coipus Christi Nay ARD SUBJECT PROPERTY W ORGAN LOCATION MAP 1 City of Corpus Christi 6 8 5 9,t 4 10 3 11 2 12 1 5 4 3 2 1 TER A RACE LEOPARD: ST 3 141 1 ? f/ B A SUBJECT PROPERTY PORT AV 1 2 PROP 4QL LY CROSS co:Ate Att • e 2 3 3 CASE: 0311-02 EXHIBIT A APPLICANT'S REQUEST FROM: I-3 TO: B-5 ORDINANCE NO. HAWNU/A STASH ARO DQ40R QQ ri a i` f�reparerr Feet Department ofDev�fopment• CHANNEL 01/2011 iv: SRR erviees Coipus Christi Nay ARD SUBJECT PROPERTY W ORGAN LOCATION MAP 1 City of Corpus Christi 7 6 8 6 8 4 5 9 3 11 4 10 1 ® 3 11 2 12 I., 2 1 7 6 8 5 J N 4 10 3 11 2 12 1 HAWN P .A! CR0S4 CE!lt•ETARY ,, C..: thtAWN $ABH" AND POOR CC TRACT 03/01i2011 00 repared e4r: SRR 4Feef Department ofDee fopmentServlces CASE: 0311-02 EXHIBIT B PLANNING COMMISSION'S REQUEST CHANNEL Corpus Christi Bey FROM: I-.3 TO I-3/SP SUBJECT PROPERTY ----1GNES M@RGAN ORDINANCE NO. LOCATION MAP State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5965446 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 4/11/2011, 4/11/2011. 164.59 OV.A LEGAL SALES REPRESENTIVE 1Time{s} r , On this \ day of • , 20 \•I I -certify that the attached document is a true and an exact copy mad by publisher. GWENN,1. MED NA } MY COMMISSION EXPIRES *' Aupt2,2O 2 _W Notary Public, State of exas 4 April 1], 2011'» CALLER -TIMES NOTICE`OF PUBLIC, HEARING•TO CON SiDER ZONINE APPLICATION S)j,•OF THE CITY OF COR- PIJS:CHRISTI Nance is hereby{giv ;en that the Corpus Christi ,city Council: iiviir,.cdnavota public hearing; on Aprrt;?26, 2011 during a reguiar Council tneet;in.g; which commencas; at 1200;prn In" he:; Council Chamt ers. Cl Hari, 1201 Leop- ard, to consider': the fotiowin zoningg ap-; plicationg(s) which'sre :06111e in the. Office of ',the City. Secretary:&` :the: Dept:. of Planning: At said time & piace'. of hearing persons &, parties:!;;lnteresteri 'may apppear before' :the City Council:. is 0311-02, The NRR': 'Group: From tne'9.-3"; "Heavy tridusttletl.pie-' tr1ct Business trict- +`'Located'r between <Leopard :St and Llpan St . Along; the east, side" of'Paim Dr. . Information may be obtained:by ca0ing or vIsiting ttie Dept,"of: `DevelloprnOF: Ser_ vices, Planning 'S e,c t i o'.n e t (061f 826-3560, 2406 Leopard.SI• /s/ Armando Chapa City Secretary' State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5966914 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. 02904 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/212011, 5/2/2011. $ 114.21 1Time(s) On this ,, day of is a true and an exact copy ma LEGAL SALES REPRESENTIVE = seVf� MICHELLE JOYCE CABRERA MY COMMISSION EXPIRES , Manch 19, 2012 , 2 0 11I certify that the attached document by publisher. Notary Public, State of Texas J 4E » May 2, 2 Q11 ).) CALLER TIMES. 029044, Amend i0 the Zoning Ord , upon applioatlon by The Ni3P Group, dy ehangrng::the Zoning Map iin reference; to Hawn Tract, Lots D &. E1Aa portion af; ot<! C, located botweeri Leopard :St 8, Lipan St aloneg the eestl. side of°:Palm Dr., from the,:`:`.`I '.00.10001 Dlstrict:'to th `I3/SP Heavy Industrial District, with a Special Perrrlt :& twa ,(2),;condition's,+. riot resu.lting..in_;. a change of future, land. use ,hls: ord. was passed & approved 1 by the Corpus Christi: City Council on Aprii: 26, 2011. '..... „T Is/ Armando Chapa Gary. Secretary