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HomeMy WebLinkAbout027811 ORD - 08/19/2008Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY TEXAS FUNDING CORPORATION, BY CHANGING THE ZONING MAP IN REFERENCE TO PAUL COURT SUBDIVISION, BLOCK 13, LOT 12 FROM "A-2" APARTMENT HOUSE DISTRICT TO "A-2/SP" APARTMENT HOUSE DISTRICT WITH A SPECIAL PERMIT FOR SPECULATIVE ZONING PURPOSES IN THE SALE OF THE PROPERTY, SUBJECT TO A SITE PLAN AND SEVEN (7) 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 Texas Funding Corporation, 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 9, 2008, during a meeting of the Planning Commission, and on Tuesday, August 19, 2008, 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 Paul Court Subdivision, Block 13, Lot 12, located on the southwest corner of Lipan and Josephine Streets between City Hall and the Crosstown Expressway, from "A-2" Apartment House District to "A-2/SP" Apartment House District with a Special Permit to allow for speculative zoning purposes in the sale of the property, subject to a site plan, attached, and seven (7) conditions. (Zoning Map 046044) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following seven (7) conditions: 1. Permitted Uses: Uses within the "A-2" Apartment House District shall be permitted in addition to office use. 2. Height: Building(s) shall not exceed two stories or 26 feet in height. 027811 H:\LEG-DIR\Shared\JapAgenda\2008\8-19\ORD-zoning0708-03-TexasFunding A -2 -special permit.doc Page 2 of 4 3. Parking: Required off-street parking spaces shall be calculated based on one parking space per 250 square feet of gross building area for non-medical office uses and one parking space per 200 square feet of gross building area for medical office uses. Off-street parking shall be concrete or asphalt. 4. Screening Fence: A solid wood screening fence with a height of not less than six (6) feet shall be provided along the west property line and along the south. 5. Lighting: Outdoor lighting if provided shall be shielded and directed away from adjacent residentially zoned districts with no more than two foot candles at all property lines. 6. Landscaping: Landscaping shall meet the requirements of the Landscaping Ordinance for all street yards and the parking lot shall be fully screened from view from Josephine Street with shrubs. Landscaping shall not be located within utility easements. Additional landscaping may be required in compliance with Article 27B, Landscape Requirements of the Zoning Ordinance. 7. Time Limit: Conversion of the office and improvements to the off-street parking and landscaping shall be deemed to have expired within two years of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. 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. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35-3 of the Zoning Ordinance of the City of Corpus Christi. 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 H:\LEG-DIR\SharedUay\Agenda\2008\8-19\ORD-zoning0708-03-TexasFunding A -2 -special permit.doc Page 3 of 4 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 August, 2008. ATTEST: Armando Chapa City Secretary APPROVED: August 11, 2008 R. Re' Incsts City orney For Ci y Attorney CITY 0 CORPUS CHRISTI H-nry Garre Mayor, City •f Corpus Christi H:\LEG-DIR\Shared\Jay\Agenda\2008\8-19\ORD-zoning0708-03-TexasFunding A -2 -special permit.doc Page 4 of 4 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. 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, C Henry Garr Mayor, City of Corpus Christi 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 McCutchon 027811 H:\LEG-DIR\SharedUapAgenda\2008\8-19\ORD-zoning0708-03-TexasFunding A -2 -special per nil.doc A -2/H w A-2 100 6 5 8 4 3 28 1A 6 5 4 3 2 1 7 8 9 10 11 12 8 9 10 11 112 11 2 6 5 4 3 2, 2 201 1 7 6 5 MES TINA 4 3 2 1 1-2 A2" to "A_2/SP"�■ S�.11f-Jt 7 8 9 so PA U U 7 8 9 10 11 112 11 2 1 6 y 4 6 2 , 5 4 3 5 4 3 2 2: 201 1 7 6 5 MES TINA 4 3 2 1 1-2 A2" to "A_2/SP"�■ S�.11f-Jt 7 COMANCHE 7 8 9 so z 1 %A 6 5 4 3 2 1 COMANCHE 7 8 9 10 11 12 Ce 6 5 4 3 2 , HOWARD CASE # 0708-03 Staff and Planning Commission Recommendation ("A2" to "A2/SP") 6 5 4 3 2 1 7 8 9 10 11 12 Ce 6 5 4 3 2 1 2 9 10 11 12 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT Cig43g CITY OF CORPUS CHRISTI Ad # 5868952 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, 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 PUBLIC HEARING which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4TH DAY OF AUGUST, 2008. On thisA` day of is a true and an exact copy LEGAL SALES REPRESENTIVE Ok„u OWEMIJ.MEDINA MY COW&ISS10A EXPIEt August2,2012 , 20� I certify that the attached document ade by publisher. Nptary Public, State of Texas •, August 4, 2008 • NOTIG.E OF PUBLIC HEf INGTOCON-: SI ERZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance withthe law that the City Coun- cil of the City .of Corpus Christi will conduct a public hear - ng on Tuesday, August. 19, 2008 dur- ing a regular Council meeting which com- mences at 10:00 a.m. In the City Council Chambers, City Hall, 1201 Leopard, to con- sider -the- following zoning application(:) of which said applica- tion(s) are on file in the Office of the: City Sec, retary and the Department,: of Plan- ning. At lan-ning.r<At said time and place of hearing, all persons and parties interested may appear before the City Coun- cil The :_zoning application(s) to be considered at the 'hearing are as follows: 1. 0608--01,-Dr..Pedro Diaz: From a °F•R Farm -Rural District to a °B-4",General Busi- ness District-- Located along the west side ;of Rodd Field Road be- tween Brooke e-tweenBrooke Road and Slough Road. 2. 0708-03, Texas Funding Corporation: From an Apart- ment House part-mentHouse District to - a "B-1". Neighborhood Business District - Lo- cated on the southwest comer of Li - pan and Josephine Streets between City Hall and the Cross- town Expressway. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Sec t l 0 n at (361), 826.3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christ )211 i PUBLISHER'S AFFIDAVIT 3 1433 State of Texas } CITY OF CORPUS CHRISTI County of Nueces 1 Ad # 5871956 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 REPRESENATIVE 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 Patrick), Victoria and Webb Counties, and that the publication of, NOTICE OF PAS SAGE OF ORDINANCES NO. 027 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Tunes on the 8/25/2008,8/25/2008. $ 182.05 2Time(s) REPRESENTIVE On this alay of ��M' n U I certify that the attached document is a true and an exact copy ade by publisher. Mary Public, State of Texas August 25, 2008 Legal Notices 1110 '..( NOTICE OF PAS-' SAGE OF ORDINANCES --- NO. 027810 Amend- ing'the--`Zoning Ordinance, upon appli- cation by Dry: Pedro Diaz, by changing the Zoning Map in refer- ' ence efer-'ence to 20.38 acres out of. Flour Bluff and. Encina) Farm and Gar- den Tracts Section 20, Lot 23 and Lot 24 from "F -R" Farm -Rural District to"R-1" One - fetidly Dwelling .Dis rlct;. and NO. 027811, mending, the Zoning •rdinance, uponappli- ation by Texas unding :Corporation, •y changing the Zon-. ng -Map Inreference o Paul Court Subdivl Ion Block 13, Lot :12 rom-an'A-2"Aart- ent House District to an "A-2/SP" Apartment House District with a Special Permit for the speculative szoning purposes -in,the sale of the property, subject to a site plan and seven (7) conditions;. antiend- I n -g the Comprehensive Plan to'account for any de- viations from the existing Comprehen- sive Plan; providing a repealer clause;%pro- viding a penalty; providing for publica- tion This ordinance Was passed and ap- proved by !hs CIty Council of the 'City of Corpus Christi on Au- gust 19, 2008. /s/ Armando Chapa City Secretary City of Corpus Christi State of Texas County of Nueces PUBLISHER'S AFFIDAVIT also } CITY OF CORPUS CHRISTI } Ad # 5868952 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 REPRESENATIVE 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 PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/4/2008, 8/4/2008. $ 224.79 iTime(s) aNr-Qat) LEGREPRESENTIVE On this T (1-171 day of l 1 � """' , 2U"Lt certify that the attached document is a true and an exact copy ade by publisher. DWENN 1 MEDINA MY COMMISSION EXPIRES August2,2008 Not Public, State of Texas August 4, 2008 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING I APPLICATION(S) ' OF THE CITY OF CORPUS CHRISTI ' Notice is hereby given in accordance with the law that the City Coun- cil of the City of Corpus Christi will conduct a public hear- ing on Tuesday, August 19, 2008 dur- ing a regular Council meeting which com- mences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to con- siderthe following zoning application(s) of which said applica- tion(s) are on file in the Office of the City Sec- retaryand the Department of Plan- ning. At said time and place of hearing, all persons and parties interested may appear before the City Coun- cil. The zoning application(s) to be considered at the hearing are as follows: 1. 0608-01, Dr. Pedro Diaz: From a "F -R" Farm -Rural District to a "B-4" General Busi- ness District - Located along the west side of Rodd Field Road be- tween Brooke Road and Slough Road. 2. 0700-03, Texas b1/11‘ II Funding Corporation: IL From an "A-2" Apart- ment House District to a "B-1" Neighborhood Business District - Lo- cated on the southwest corner of Li - pan and Josephine Streets between City Hall and the Cross- town Expressway. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560. 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corona Christ