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Home My WebLink About027658 ORD - 04/15/2008Page 1 8f 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY J. GOLDEN PROPERTIES, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO BROOKLYN SUBDIVISION, BLOCK 19, LOTS 1 THROUGH 9, 11, A, AND B, FROM "AT" APARTMENT -TOURIST DISTRICT TO "AT/PUD-2" APARTMENT -TOURIST DISTRICT, WITH A PLANNED UNIT DEVELOPMENT -2 OVERLAY, SUBJECT TO A SITE PLAN AND THE FOLLOWING TEN (10) CONDITIONS; 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 J. Golden Properties, Inc., 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 5, 2008, during a meeting of the Planning Commission, and on Tuesday, April 15, 2008, during a meeting of the City Council, in the Council Chambers, rs, 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, F E, 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 Brooklyn Subdivision, Black 19, Lots 1 through 9, 11, A, and B, located on the east side of Gulfbreeze oulev rd, between Neal and Hayes Streets, on North Beach, directly adjacent to Corpus Christi Beach and across Neal Street from the Breakers ors Cond miniur s, from "AT" Apartment -Tourist District to "AT/PUD-2" Apartment -Tourist District, with a Planned Unit Development -2 Overlay. (Zoning Map 044048) (Exhibit A) SECTION 2. That the PUD -2 Overlay granted in Section 1 of this ordinance is subject to the site plan attached and the following ten (10) conditions: '1. Development Plan: The property must be developed subject to the site plan submitted by the applicant. 027658 H:1LE -DIR\ h red\Ja r\Agenda1200 1 -1 \ RD -tonin 010 -04-Golden-NorthB a hATPUD- .doc Page 2 elf 4 2. Uses: Lots 2, 3, 5, and 6 are limited to single-family detached residences. Lot 1 is limited to a Common Area, which may include a swimming pool, volley ball, and tennis courts, a cabana with restrooms and change rooms, landscaping, or other similar recreational or community uses. Lot 4 is limited to any uses permitted by right in the "AT" District and must comply with all requirements of that district. 3. Height: Buildings on Lots 2, 3, 5, and 6 may not exceed four stories or 60 feet in height. Buildings on Lot 1 may not exceed two stories or 26 feet in height. Buildings on Lot 4 have no limit in height. 4. Density: Development on Lot 4 is limited to a density of 43.56 dwelling unites per acres. . 5. Parking: Each dwelling unit on Lots 2, 3, 5, and 6 must provide two parking spaces under the structures. 6. Setbacks: A minimum twenty (20) foot front yard setback must be provided along Gulfbreeze Boulevard and Neal and Hayes Streets. A minimum five foot side and rear yard setback must be provided for Lots 2, 3, 5, and 6. 7. Lighting: Outdoor lighting must be shielded and directed away from any adjacent residential development with no more than two foot candles at all property lines. 8. Landscaping: Landscaping must be required in compliance with Article 27B Landscape Requirements of the Zoning Ordinance. 9. Time Limit: construction of the single-family development must commence within two (2) years from the approved ordinance date of the "PUD -2" Overlay and construction must be completed within three (3) years from the approved ordinance date of the "PUD -2" Overlay, or the `{PUD -2" expires. 10. Impr v_emo is to cent streets: If improvements of any adjacent streets are pursued, the improvements on the subject property side of the street right-of-way must include a minimum: curb and gutter, underground drainage, sidewalks, and pavement. Pavement improvements must be to at least the edge of pavement of the opposite side of the street. Construction plans of improvements within the street right-of-way must be approved by the Development Services Department. The street improvements must be accepted by the City Engineer. SECTION . 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. H:\LE -DIR\ har d\JaylA enda\200 I4 -I IOF D- ring 1O -04-Golden-NorthBea hATPLJD-2.do Page 3f4 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 1-6 f the City Code of Ordinances. 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 that this ordinance is passed upon first reading as an emergency measure on this 15th day of April, 2008. ATTEST: Armando Chappa City Secretary APPROVED: April 7, 2008 R.J. Re ing Fi t Assistant C y Attorney For City Attorney F CORPUS CHRISTI Henry Garre Mayor, City of Corpus Christi HALEG-DIR‘Shared\Jay‘Agenda\2008\4-15\ORD-zoning0108-04-Golden-NorthBeachATPUD-2.doe Page 4 of Corpus Christi, Texas day of 2008 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. Uwe, 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, H- ry Garre Mayor, City Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael M Cut hon Abp. Avt 027658 Corpus Christi H:ILE -DIF IShared\Jay'Agend \2008\4-151OF D- aningO1O - {4-Golden-NorthBeaohATPUD-2.doo tam tome sumo vine =memo 1 SaLLUNciOeici NHOWOO SHONHOISHiti 31770 1 3 4-4 W49 IeeN —> VIRZ M.00,00.99N -HA' 131,18 WW1 111.00.00.09N Powalle3 411110 1 S32°001351W 300,00' 8 1 iss-an 3.00.00.139S N-- icsumg34111W7 1 _ \--VA S 1 ,60 LOZ 3.6Z29.L9S 4 LTA —> 4_ I se/671 State of Texas County of Nueces } } PUBLISHER'S AFFIL AVIT IfiL[31Z CITY OF CORPUS CHRISTI Ad # 5847425 PO # Before me, the undersigned, a Notary Public, this day personally came CRIS HRTAIO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTIT E AND EMPLOYEE OF THE PUBLISHER, namely,. the Corpus Christi Caller -Times, a daily newspaper er published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jinn Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO CON SI ER ZQ which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 3/31/2008, 3/31/2008. $309.18, LEGAL SALES REPRESENTIVE 2Time(s) On thisIS4- dayof � _, 2�� i certifythat the attached document O — -- is a true and an exact co y made by publisher. GWENN 4.M DI MY COMMISSION EXPIRES AUcluit II,2000 Public, State of Texas rh1� 2008PUBLIC ' #NMT[E F HEARING TO CON- SIDER ZONING AP- PLICATION(S) OF THE CITY OF COR- PUS CHRISTI Notice is hereby. given in accordance witthe law that the City Coun- cil of the City of Corpus Christi will :conduct . public hearing on .Tues- day,'April 15, 2008 dur- ing a' regular Council meeting which -•o menoes• at• 1.0:00 a. in. t -e 'City.:Council Chambers, City. Hall, 1201 Leopard,. to con- sider the.olloir zon i n - plications which said a lh ppca tion(s) are on file ire th Office of the City Sec rotary' and -the Depart men; .oto Planning. 'A said tieie. and. :place o hearing.,? all person and parties Intereste may appear before ' th City -Council. • .The zon ing . applications to .b considered- at the hear ing are as follows: • 1: 0308*1,-11Vhatabu get Real Estate -LP rdrrm:aiin.-1 I Apart mens :-House District. t I eigh orhoo Business. District Lo cated-.-a the southws intersection Of Golliha Road' and ' Whataburger flay..: : . .• .0308.03, Ross .Cocke: From a 'R -1B". One --Family.. Dwelling Distrit..t.:-a .7--_-. ns-Fa��nllly i Dwelling District ;. - Located.' on 'the. east -,.•id •of Robert. rive; apro.imtel. eventy-fire .-feet . north f Walton Drive. 0108-04, J. Golden: ro ertles,In .:, From Apartment ourlst ,District to "AT/PUD-" , Apartment.. Tourist District with Planned Unit Develop, ment72 Overlay :Lo t- ed ..on the' east side of Guilbreeze'BoUlevard, between • Neal. •and Hayes Streets. • The property is Iocated ' on North Beach directly adjacent to Corpus Christi Beach 'and cross . Neal Street from he Breakers' C ndo- iniums. :.. . 0308-04, . dllla and H Gonzalez: From an B' Professional- Of-' e- District 'to a "B-.1" ighborhood Buri- ss District.- Located at the southwest inter-- section. nter--section. ot. Everhart. Road --.and • McArdle Road.......: :...:• information -may be ob- tained by calling or vis- iting- the Department o Development %Services, Planninection :at .3611.82635130,•.g400 Leopard Street. • • -. • !s! Armando Chapa • i1v nccretart/ State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT al gt-13g CITY OF CORPUS CHRISTI Ad # 5851414 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0276 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/21/20081 4121/2008. $ 253.89 1Time(s) On this c day of is a true and an exact co GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2008 , 2O I certify that the attached document y made by publisher. otary Public, State of Texas April 21, 2008 - 0, 027858, Amending he Zoning Ordinance, pon application by J. olden Properties, Inc., changing the Zoning ap in reference to rookiyn Subdivision, lock 19, Lots 1 hrough 9, 11, A and B, rom "AT" Apartment- ouriet. District to AT/PUD-2" Apartment- ourlst District with a fanned Unit Develop-. ent-2 Overlay, subject o a Site Plan and ten 10) .conditions: NO. 27659, Amending the o.ning Ordinance, ,upon application by 'Ross Cooke, by chang- ing the Zoning Map in reference to 0.12 acres, a portion of Alameda Estates Block 3, Lot 9, :from "R -1B' One -Fami- ly Dwelling District to '"R-1C"One-Family Dwelling District; NO. 027660, Amending the Zoning Ordinance,. upon application by Odlila and R.H. Gonza- lez, by changing the Zoning Map in refer- ence to Mt. Vernon, Block 1, Lot 13.8, from "AB":Professional Of- fice District to "B-1" Neighborhood Busi- nese District; and NO. 027661, Amending the Zoning Ordinance, upon application by Whataburger Real Es- tate LP, by changing ;the Zoning Map in ref- erence to Parkdale Vil- lage, Block 4, Lots 8, 9, 10, 11-A, 11-B and 11- C, from "A-1" Apart- ment House District to "B -1A" Neighborhood Business District; amending the Compre- hensive Plan to- ac- count for any deviations from the existing Com- prehensive Plan; pro- viding a repealer clause; providing a penalty; providing fo publication. These or dinances were passe and approved by th City Council of the Cit of Corpus Christi o Apr1115, 2008. lsi Armando Chap City Secreta City of. Corpus Chris'