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
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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
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LEGAL DESCRIPTION
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PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5563078
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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
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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•