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HomeMy WebLinkAbout026429 ORD - 08/30/2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BA YFRONT MEDICAL PLAZA BY CHANGING THE ZONING MAP IN REFERENCE TO 1.9499 ACRES OUT OF LOT 1, BLOCK 3 CENTRAL WHARF AND WAREHOUSE COMPANY SUBDIVISION; LAND CLAIMED BY THE BAY FRONT PROTECTION WORK; LOT 7, TRACT B OF THE HARNEY TRACT; LOTS 1-11, JONES SHORELINE BUSINESS LOTS; LOCATED BETWEEN SOUTH SHORELINE BOULEVARD AND WATER STREET AND NORTH OF BORN STREET; FROM: "B_2" BAYFRONT BUSINESS DISTRICT AND "B-5" PRIMARY BUSINESS DISTRICT TO "B-2" BAYFRONT BUSINESS DISTRICT AND "B-5" PRIMARY BUSINESS DISTRICT WITH A "PUD-2" PLANNED UNIT DEVELOPMENT-2 OVERLAY, SUBJECT TO A SITE PLAN AND FOUR (4) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Bayfront Medical Plaza 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, July 13, 2005, during a meeting of the Planning Commission, and on Tuesday, August 30.. 2005 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 1,9499 acres out of Lot 1, Block 3 Central Wharf and Warehouse Company Subdivision; Land claimed by the Bay Front protection work; Lot 7 Block B of the Harney Tract; Lots 1-11, Jones Shoreline Business Lots; located between South Shoreline Boulevard and Water Street and North of Born Street; from "B-2" Bayfront Business District and "B-5" Primary Business District to "B-2" Bayfront Business District and "B-5" Primary Business District with a "PUD-2" Planned Unit Development-2 Overlay, as shown on the attached Exhibit (Map 045044) r,q{,A.fJg . '- n 't... Page 2 of 4 SECTION 2. That the Planned Unit Development-2 granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following four (4) cond itions' 1 Density A maximum of eighty-four (84) condominium dwelling units, 2 Parkinq: A total of 164 parking spaces are to be provided for the project of which a minimum of 160 parking spaces are required for tenants. In addition, four (4) parking spaces are to be provided for visitors, Of the 164 total parking spaces indicated on the site plan, 106 shall meet or exceed the minimum dimensional requirement of a 9'x 18' parking stall (Type "A" and "B") as indicated on site plan and parking analysis. However, due to the relative narrowness of the site and setback requirements of the "B- 2' District. 58 spaces are designated for compact parking, Compact parking spaces are permitted for these remaining 58 spaces per the following breakdown: Type "c" - 22 spaces - approximately 17'- 8" Type "0" - 24 spaces - approximately 16'- 9" Type "E" - 12 spaces - approximately 16'- 0" 3. Minimum Side Yard: Two corners of the proposed structure encroach into the minimum 10 foot side yard of the "B-2" District. These two corners are located at the southeast corner of the proposed structure. The corner of the structure nearest to the intersection of South Shoreline Boulevard and Born Street will encroach approximately 4' - 41/2" into the required side yard and the easterly end of the structural end wall along Born Street will encroach approximately 8'- 5" into the required side yard, These two encroachments are specifically permitted in this PUD - 2, 4. Time Limit: Construction of the condominium project shall commence within two (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, or the PUD-2 expires 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 ILEG-DIR\JosephlZoning-05\0705-01 Regular doc Page 3 of 4 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 (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) 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 30th day of August, 2005, AT~ Arma~do Chapa City Secretary T~ CORPUS CHRISTI .~ H my Garr tt, Mayor, The City of Corpus Christi APPROVED \. :_- ') .~ '1 c:~.' 2005 L l t \--~ Joseph Har~ey ,\ Assistant City Attorney For City Attorney EFFECTIVE DATE C[ IS ,Joe:; H' \L EG-DI R\Joseph \Zon ing-05\07 05-0 1 Reg u lar. doc Page 4 of4 Corpus Christi, Texas ~!)4\-_ day of .#-. 2005 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, Council Members The above ordinance was passed by the following vote: Rex A. Kinnison u~ U 1 ;~f Jut , : Pi} )( ~y ~ Henry Garrett Brent Chesney John E Marez Jerry Garcia William Kelly Melody Cooper Mark Scott 4~ C0i~i~ Jesse Noyola H' \LEG-DI R\Joseph\Zoning-05\0705-0 1 Regulardoc 0264~~~~ '2 <t -.1 i' ~ I [U II ill \ ~ ~.. '" . ~ ~I I <( , : 1 s 'I , :; ~\ II ,I Ii> I "~$' ~ ~ ~ ;1~ t'" , , rcJ \ ~d _~.: ,==1; i t~ ....~ ~""~;~~~I!I--~~I 1 ""'=~.. ..--...- 0 ~ ..::;,,~ --.,''''''='-----: ~ ~ ii ~ "'-~ =~ ~ - .~~~ '- ~='''7'' - -.:;- ~~'" ~ g. ~~ ~~-=. .'.....,.'... ',. "'=9 I I I I I I c=p- n,. G(-.l ~ I 3t. .0W \\ ~ ~--r--\ 8F" II f3 I- I ~ I . ii' ~\ ~ i~.o. _.JL~~ ~~,' ~.~- I ~~ ! ~: 8 II ~ II I 0~ _ I - 8 h----'~ / 0 .j II ~ ...!.1- ~' d ~ I I"-'tjl I, III , I ~~ \ -'-'-'----k--. 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I , " \0 , 1 I I , , I I , I I I = / \.. .._ ,.~ ._~ .:__ ::'';;''';~;:;;:'~~:~:~ ~':~ ..~-.:~- u_ u_.. _ .._ n_"_ ,'/', .~ , "",/,,,," 1:./E-' AI LEO IN0J:::'"\ ~ ~()'I\J,~ f.1'\c-V"o~~-tS m ~ z V) 0 0 ~ i= 0 << z ~ > 0 "j u w 0: w i= t- Z 0: w 0 U Z I '" OJ 0 0: I t- :r' t- o: 0 z '" z " 0 0 ~ t- V) W ;: ~ V) " w :< z 0 i= u w '" > ffi~ .. ~~ ~~ ~. ~, "0 U ~ ~~~ <u~~i5 > < , c t::~~ii; ~~~i ~ ~ ~ i z ~8~~ z I c " ~ _"',.,"'...,.,,.,...."'0> C ~ .,., >At....' ,-,,:"!;:'E D::PAI\I'IL'" t""l\,M ,-J PUBLISHER'S AFFIDAVIT miliUG~JJ1~: 53 ('ounty ()f Nueccs ss: CITY OF CORPUS CHRISTI Ad # 5279425 PO # Refore me, the undersigned, a Notary Public, this day personally came Diana Ifg:lOios8, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Chnsti in said City and State, generally circulated in ,'\ransas Bee, Brooks. Duval, ,Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, l,!ve Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that t he publication of, NOTICE Or~UBLlC HEARING TO 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 15TH day(s) of AUGUST, 2005. }26.').94 J'':>L"O/l.fL ?tj ~.s~ SENIOR COLLECTOR IW() (2 ) Time(sl Subscribed and sworn to me on the date of e,.UGUST 16, 2005, \ ~C~Jct JJXJJUL j,,Q'l~J Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. 'MMlday. Augustl5, 2005. CALLE R-T I MES :[, 11t w'l:\ onCE OF PUBLIC HEARING TO CONSIDER ZONING , APPLICATION(S) OF THE CITY OF CORPUS CHRISTI l-Notice is hereby given In I., accordance With. the ~ law that the City ~- Council of the City of I~ Corpus Christl will ~ conduct a public C hearing on Tuesday ~ August 30, 2005 during i a regular Council ': meeting which _ commences at 10:00 I 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 1. City Secretary and the f: Department of I,' Planning. At said time _ and place of hearing all persons and parties Interested may appear t before the City Council t The zoning . applicatlon(s) to be " considered at the I hearing are as follows , 1. 0705-01, Bayfront , Medical Plaza: "B,2" Bayfront Business District and R8_5" Primary Business District to a "B-2" Bayfront Business District. and "8-5" Primary Business District with a .PUD-2" ~ ~-, ----._---"--- Planned Unit Development, Located between SC:Jt'1 Shere line Boulc.'ar,'j and Water Stree! and north of Born Street. 2. 0705-04, Mostaghasi Investment Truat: "A, 1" Apartment House District to an "A~2" Apartment House District - Located along Cimarron Boulevard. artd east of New Bedford Drive. 3. 0605-0&, Ross K, Michelsen (Juanita R Hernandez): "R'l B" One-family Dwelling District to ~B-1" Neiahborhoo~ l Business District Located at the Inlersection of Waldron Road and Crestline Street information may be obtained by calling or visiting the Oepartmelli of Development Services, Planning Section at (361) 826, 3560, 2406 Leopard Street Is! Armando Chapa City Sacretary Cit',- of Corpus Christi _ ~ v;:~ \ , ,';,rr' 1,,\ I , ,,- ~ ,).. " ~t,':c.. \;. r ,-' ,~''''l ~ , . '5 oS St.? \ ~ M" g. < ta 1 e of Texas ounlv "I' Nucces PUBLISHER'S AFFIDAVIT ss' CITY OF CORPUS CHRISTI Ad # ;:)296851 PO # Refore me, the undersigned, a Notary Public, this day personally came Diana Hinojos,.!, who bemg first duly sworn, according to law, says that she is S~}'JIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper ;mblisht'd at Corpus Christi in said City and State, generally circulated in -\ransas, Bee. Brooks. Duval, Jim Hogg, ,hm Wells, Karnes, Kenedy, Kleberg, ~lve Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that ,hE publIcation of, NOTICE OF PASSAGE OF ORDINANCES which the annexed s a true copy. was inserted m the Corpus Christi Caller-Times and on the World Wlde Web on the Caller-Times Interactive on the 5TH day(s) of SEPTEMBER, c!GO:,) . 8213.56 --------.--...------- l"-:,LLUlLl- (/j ~.sLL SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of SEPTEMBER 06, 2005. lS-~, ~ N~t~ry P~bl~~county, Texas MIchelle Cabrera' Print or Type Name of Notary Public Mv commission expires on March 19, 2008. "'~'-;;'~',j;;;., .....". ''10' f*: :*~ ~At..l~':~ MICHELLE JOYCE CABRERA M( '>JMMI6SION EXPIR':" March 19, 2006 20F . Monday. September 5 2005. C A.L L E R, TIM E S NOTICE OF PASSAGE OF ORDINANCES NO. 026429, amending the Zoning Ordinance, upon applicetion by Baylront Madlcal PllIZll by changing the zoning map in relerence to 1,9499 acres out of lot 1, Block 3 Central Wharf and Warehouse Company Subdivision; land claimed by the Bay Front PrOleclion Work; Lot 7, Tract B of the Hamey Tract; Lots 1-11" Jones Shoreline Business Lois; located betwaen South Shoreline Boulevard and Water Street and north of Born Straat; from: "B-2" Bayfront Business District and "B-5" Primary Business District to "B'2" Baytrant Business District and "B-5" Primary Business District with a "PUD-2" Pianned Unit Development,2 Overlay, subject to a site plan and four (4) conditions; and NO. 026430, amending the Zoning Ordinance, upon application by Rosa K. Mlch......, by changing the zoning map in reference to ,332 acres out of Lots 13, Section 54 of the Flour Bluff and Encinal Farm and Garden Tracts, from "R-' B' One-family Dwelling District to 'AB" Professional Office Distrfct; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. These ordinances were passed and approved by the City Council of the City of Corpus Christi on August 30, 2005. is! Armando Chapa City Secretary ,_City of Corpus Christi