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HomeMy WebLinkAbout026995 ORD - 09/19/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MIRABAL DEVELOPMENT GROUP, BY CHANGING THE ZONING MAP IN REFERENCE TO THE BASS SUBDIVISION, BLOCK 27, LOT H, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "R -2" MULTIPLE DWELLING DISTRICT WITH A "PUD -2" PLANNED UNIT DEVELOPMENT 2 OVERLAY, SUBJECT TO A SITE PLAN AND SIX CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Mirabal Development 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, August 9. during a meeting of the Planning Commission, and on Tuesday, September 19. 2006, 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 the Bass Subdivision, Block 27, Lot H, located on the south side of Sandra Lane and located approximately 1,900 feet east of Airline Road from "R-1B" One - Family Dwelling District to "R -2" Multiple Dwelling District with a "PUD -2" Planned Unit Development 2 overlay, as shown on the attached Exhibit containing two buildings with six units in each building and subject to the following six conditions (Map 042033) 1. Height: Buildings shall not exceed two stories 2. Setbacks: Front yard setback shall be 25 feet. side and rear yard setback shall at least 20 feet each 3. Lighting: Outdoor lighting shall be directed away from adjacent single family residences with no more than moors light (two lumens) at the property lines of the property. Page 2 of 4 Landscaping: in addition to compliance with Article 27B, Landscape Regulations, the subject property shall orovide minimum three -inch caliper live oak trees placed on fifty -foot centers within five feet of all property lines 5 Screening Fence: A solid screening fence with a height of not less than six (6) feet must be used along the wes` east and south property lines 6 Time Limit: Construction of the condominium / apartment project shall commence within one (1) year from the approved ordinance date of the "PUD -2" Overlay and construction shall be completed within three (3) years from the approved ordinance date of the "PUD -2" Overlay. or the 'PUD expires 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 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 1 -6 of the City Code of Ordinances. 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 that this ordinance is passed upon first reading as an emergency measure on this 19' day of September 2006 ATTEST;. CIT • F CORPUS HRISTI Armando Chapa ,,� enry Garrett . City Secretary Mayor. City of Corpus Christi H \ LEG -DIR\ Shared \GarvStiagenda12 )06109- '9\0406 -04 Mirabal Development Group a1t060905.doc APPROVED: September 6, 2006. itC.. Gay V�' Smith Assistant City Attorney For City Attorney Page 3 of 4 EFFECTIVE DATE 912-510(c, H \ LEG- DIR \SharedlGaryS\agenda\2)06 \09- '9\0406 -04 Mirabal Development Group a1t060905 doc Page 4 of 4 Corpus Christi f -xas ICIfk day of 2006 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, Council Members Respectfully, He ry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H \LEG -DIRE ,Shared \GaryS\agenda\2006 \09 - '910406 -04 Mirabal Development Group a1t060905 doc l :f;99 5 LEGAL DESCRIPTION 9 3 rev h - V) - W d r. r 0 0 * v State rc.xds fN le( F�., PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5563078 PO Before me, the ,aderigned.:i Notary Public, this day personally came Sandra ()rum ho being fiat dilly sworn, according to law. says that she is Legal Sales Representative of the Corpus Christi Caller- Times, a daily newspaper oublisne J a' or-pus Christi said CAN; and State generally circulated in Aransas Bev', Brooks Duval fire Hogg, Jim Wells, Karnes, Kenedy, Kleberg, ive 0- k 'V; ueces. Ret. igio. San Patricia Victoria and Webb Counties, and that the publication �t, 1N( )TICE OF PUBLIC HEARING TO which the annexed is a rue c as o sr rt °d the orpus f'hristr Caller "!'imes and on the World Wide Web on the Caller - Times Interactive on the 4TH day(s) of SEPTEMBER, 2006, $227. Clet--ne6-cu Ozte.-1-LJ Legal Sales Representative TWO (2 ) T me(s) S,_ibscribec and sworn to me on the dap of Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. k } CE CABRERA tC /08 September 4, 2006 • Noonday • NOTICE OF PUeI. C HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with tht law that the City Council of the City of Corpus Christi will conduct a public nearing on Tuesday, September 19, 2008 during a regular Council meeting which commences at 10:00 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 City Secretary and trier Department of Planning. At said time and place of hearing, all persons and parties interested may appear before the City Council. The zoning application(s) to be considered at the ' hearing are as follows: 1. 0408 -04, PAWN l Development Group: From a "R -1B" One Family Dwelling District to a "A -1" Apartment House District - Located on the south side of Sandra Lane, approximately 1,900 feet east of Airline Road. 0806 -02, LaMarr Womack & Associates, LP: From a "R -1B" One Farrly Dwelling District to a "B- A" Neighborhood Business District Located on the north side of Up River Road at the intersection of Japonica Drive. information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. /s! Armando ChOpa City Secretary co,,, of Corpus Christi PUBLISHER'S AFFIDAVIT State of Texas CITY OF CORPUS CHRISTI County of Nueces ss: Ad # 5577308 PO # Before me, the undersigned. a Notary Public. this day personally came Sandra Orurn wh0 being first duly sworn, according to law, says that she is Legal Sales Representative of the Corpus Christi Caller - Times, a daily newspaper published at (Corpus Christi m said City and State, generally circulated in Aransas. Bee, Brooks, Duval, Tim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live r tai, Nueces, Refugio, San Patricia Victoria and Webb Counties, and that the publicatior of. NOTICE OF PASSAGE OF ORDINANCES: which the annexed is a True cony, was inserted in the Corpus Christi Caller -Times and on the u`or-id Wide We on the aller -Times Interactive on the 25TH day(s) of SEPTEMBER, 2006. $169070 &et-n(46u ()A,6-vL.1 Legal Sales Representative TWO (2 ) Time(s) S r i 4cribed and sworn to me on the date of 7l 2 L ((f Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public Mt commission expires on March 19, 2008. September 2006 • er 25, Ml/ NO OTICE OF PASSAGE, OF ORDINANCES: NO.026696; amending the Zoning Ordinance, upon application by Mirabal Development Group, by Changing the zoning map in reference to the Bass Subdivision, Block 27, Lot H, from "R-1B" One- family Dwelling District to "R -2" Multiple Dwelling District with a "PUD -2" Planned Unit Development 2 Overlay, subject to a site plan and six conditions; and No.026996, 'wending the Zoning ¢fdinance, upon application by LaMarr Womack & Associates, LP, by changin the zoning map in reference to Abstract 880, Survey 443. Tract 7, being 4.447 acres from "R- 1B' One - family Dwelling District to "B- 1/t" Neighborhood Business District: amending the Comprehen#ive Plan to account for any deviation* from the e x i s t i n g Comprehensive Plan; providing a penalty. These ordinances were goosed and Corpus ,' Christi on Septerr lir 19, 2006. /s/ Atando Chaps City Secretary City of Corpus Chnst•