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HomeMy WebLinkAbout027097 ORD - 12/19/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY WEBER PLAZA DEVELOPMENT, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.22 ACRES OUT OF THE EASTERLY PORTION OF LOT 4, ELLENDALE GARDENS SUBDIVISION AND ELLENDALE ANNEX BLOCK A FROM "A -1" APARTMENT HOUSE DISTRICT AND "A -2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; 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 Weber Plaza Development LLC, 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, November 15, 2006, during a meeting of the Planning Commission, and on Tuesday, December 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 0.22 acres out of the easterly portion of Ellendale Gardens Subdivision Lot 4 and all of Ellendale Annex Block A, located on the southwest corner of Up River Road and IH -37. from "A -1" Apartment House District and "A -2" Apartment House District to "B -4" General Business District. (Map 049 -045) 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. 02709" Page 2 of 3 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 19th day of December, 2006. ATTEST Armando Chapa City Secretary APPROVED: December 13, 2006. Ca . Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garre Mayor, City of Corpus Christi H 'LEG -DIR \ Shared \GaryS' + agenda , 2006\ 12-1q \ ORD. 1106- 05WeberPlazaDevelopmentLLC.doc Page 3 of 3 Corpus Christi, Texas 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, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members 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 tm; ?7n97 H LEG -DIR \S hared \GaryS\ agenda '\ 2006 \12- 19 \ORD -1 1 06-05WeberPlazaDevelopmentLLC.doc -c> J6 i x:QOp NEL-Na QJNSUL'ANTS STATE OF TEXAS COUNTY OF NUECES 3618144757 p.1 FIELD NOTES FOR THE EASTERLY PORTION OF LOT FOUR (4), ELLENDALE GARDENS ANNEX, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4, PAGE 58 MAP RECORDS OF NUECES COUNTY, TEXAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF BLOCK A, ELLENDALE GARDENS ANNEX, RECORDED IN VOLUME 10, PAGE 28, MAP RECORDS OF NUECES COUNTY, TEXAS, THENCE SOUTH 24 DEGREES, 15 MINUTES, 06 SECONDS WEST FOR A DISTANCE OF 12.65 FEET, TO A 5/8 INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF THIS TRACT AND POINT OF BEGINNING. THENCE NORTH 53 DEGREES, 29 MINUTES, 24 SECONDS WEST FOR A DISTANCE OF 97.63 FEET, TO A 5/8 INCH IRON ROD, SET FOR THE SOUTHWEST CORNER OF THIS TRACT. THENCE NORTH 24 DEGREES, 19 MINUTES, 36 SECONDS, EAST FOR A DISTANCE OF 101.55 FEET, TO A 5/8 INCH IRON ROD SET ON THE PROPERTY LINE BETWEEN LOTS 3 AND 4 ELLENDALE GARDENS FOR THE NORTHWEST CORNER OF THIS TRACT. THENCE SOUTH 52 DEGREES, 36 MINUTES, 58 SECONDS EAST ALONG THE PROEPRTY LINE OF LOTS 3 & 4 FOR. A DISTANCE OF 97.83 FEET, TO A 5/8 INCH IRON ROD SET, FOR THE NORTHEAST CORNER OF THIS TRACT. THENCE SOUTH 24 DEGREES, 15 MINUTES, 06 SECONDS WEST ALONG THE WEST LINE OF BLOCK A, ELLENDALE GARDENS ANNEX, FOR A DISTANCE OF 100.05 FEET TO THE POINT OF BEGINNING CONTAINING 0.221 ACRES OF LAND MORE OR LESS. S(0(o'OS Jtip Mt to 411-1 ti 3618 0114757 P • 2 SN1 3.75' 4 3.1' $5232'00-E !au aux. INF.' J N5329'24aW 97.63' 2.. TIIfrY F ANI MI-NT POWER POLES ELLENDALE ANNEX BLOCK A r- 11111•VI '04,,Mt:t/ r 26. CRANSt11,NON CASES.IFNT 3.0d POLES o_ tA. es, .56 —;---- i 73_36 00.. --''' .---- . --' ---itr TO: WEBER PLAZA DEVELOPMENT, cA N63/7'381.1 iw Vs' S LLC ANC _ SECURITY TITLE GF# 054884251 SCALE: 1"= 40' NOTES. I. 5/8 IRON RUMS AT ALL CORNERS SURVEY OF ELLENDALE ANNEX , BLOC< A, AND A PORTION GF LOTS 3 AND 4, ELENDALE GARDENS „„s,s ro COMET MAT l HAYS CONSILIED ME FEW MAPS AND CERTIFY MAT MIS KU MIS ME PROPERTIC LEGN.LY MIRO 71totT TRE MEIN SNOW PROPzeivx= NOT LOCATED IN A SPECIAL FLOM HAZARD AREA NtAT NENE ARE NO IN NOGIWART MS CCM ^:, VISIBLE pus ?HE _j16thDAy cr Ausgsr RIPROVEMSO$ EA -., TS OR NOM T AS WINN IRMEON, SAID TO MO FROM A DEDICATED ROADWAY, EXCEPT UMW NO MN LAND SURI41171t TEXAS RETERENCk TRACT fr 28 PAWS) 10 TRACT k 4 PACErS).—...51-,-- MAP RECORDS NUECES COUNTY, was NOM AO NAKC't S TOR 1111 ME tlIC OF 1 INN:11.1NIt ~ANT OR MONTOAOR COMPANY IN TN% 110,NMCIOI ONLY, ■■Rakii‘e Sueveys‘OMAHA 8ATVE S telwo 8/1 1sam4 csf t.,nrog k cpt-t No - 106-05 eber Play, Applicant's Site Plan 111111■111■ 9D HL mom FAST SOUTH HROP(RTT LEES ,5 REM SETMC, CURRENTLY: B-4 ZONE DASHED LINE INDICATED PERIMETER OF PROPOSED ZONING CHANCE CURRENTLY: A —2 ZONE PROPOSED: B-4 st, !CURRENTLY: A - I ZONE PROPOSED: B— 4 mpster Off-site Property Owned By Applicant Subject Property N)PROPOSED SITE PLAN SCALE: 1"-- 50' —0" State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5625522 PO # Before mc, the undersigned, a Notary Public, this day personally came Sandra Orum, who 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 in said City and State, generally circulated in Aransas, Bee, Brooks, Duval. Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patrick), Victoria and Webb Counties, and that the publication of. NOTICE OF PUBLIC 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 4TH day(s) of DECEMBER, 2006. $230.61. ?fetrtettia., Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of 2-/—/ 000 Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. • December 4, 2006 • Monday NOTICE OF PUBLIC� HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City' Council of the City of Corpus Christi will conduct a public hearing on Tuesday, December 19, 2006 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 the 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 1106 -05, Weber Plaza Development, LLC: From "A-1' Apartment House District and "A -2" Apartment House District to a "B -4" General Business District - Located on the southwest corner of Up River Road and IH -37. 2. 1106 -07, Grunwald Printing: From "R -2" Multiple Dwelling District to a "B- ! 4"General Business District - Located at 1215 11th Street and 1218 1 2th Street, approximately 150 feet north of Morgan Avenue. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. is/ Armando Chapa City Secretary 1 City of Corpus Christ - PUBLISHER'S AFFIDAVIT ( OF CORPUS CHRISTI Ad 1(;(-r tan Puhir . this clai, personally came Sandra ) o ti Tull\ sx. (0'1. Lic( ording to law says that she is Legal s k preseItiv --)1 ht orous Christi Caller-Times, a daily newspaper >aid C tv ind Suit( . generally circulated in \ ,sa Bee Br iok-, Hogg ,Jim Wells, Karnes, Kenedy, Kleberg, - � Nt R gi S n i—;nr1C10 Vicroria and Webb Counties, and that - ,-FILE. ()F' PASSAGE. OF ORDINANCES which the annexed n on\ Corp74: Christi Caller-Times and on the World Co1,pr Tim trrreractwe on the 25TH day(s) of DECEMBER, Sales Representative Jr( (2 1 Tirneis) 1 '5cribed and sworn to me on the date of Not:iry Public. Nueces County, Texas Vlictielle Cabrera or Type Name of Notary Public res on March 19, 2008. -EL LE -JOYCE CAf3RERA Marc 19 200p • Decem 25, 2006 • • NOTICE OF PASSAGE OF OUNCES NO. 027097, Amending the Zoning Ordinance upon applicaton by 'Heber Plaza Development, LLC, by changing the zoning map in reference to 0.22 acres out of the easterly portion of Lot 4, Etlendaie Gardens Subdivision and Etendale Annex Block A from "A -1" Apartment House District and "A -2" Apartment House District to "B -4" General Business District. and NO. 027098, Amending the Zoning Ordinance, upon application by Grunwald Printing, by changing the zoning map in reference to Bayview Unit 2, Lots 7 and 14, Block 3, from "R -2" Multiple Dwelling District to "B -4" General Business District; amending the Comprehensive Plan to account for any deviations from the e x i s t i n g Coirehensive Piar providing a penalty These ordinance were passed ano approved by the City Council of the City of Corpus Christi on December 19, 2006. 's/ Armando Chapa City Secretary rosy of Corpus Christi,