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HomeMy WebLinkAbout028093 ORD - 03/10/2009Page 7 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BL REAL ESTATE HOLDING COMPANY LP, BY CHANGING THE ZONING MAP IN REFERENCE TO TYLER SUBDIVISION, BLOCK 1, LOT 11, FROM "R -1C" ONE FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; 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 BL Real Estate Holding Company LP, 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, January 21, 2009, during a meeting of the Planning Commission, and on Tuesday, March 10, 2009, 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 Tyler Subdivision, Block 1, Lot 11, located on the east side of Claudia Drive approximately 400 feet north of the Laguna Shores Road, from "R -1C" One Family Dwelling District to "A-2" Apartment House District. (Zoning Map 036026) (Exhibit A) 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. 028093 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\3-10\ORD-zoning-0109-07-BL RealEstate-A-2.doc Page 2of3 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 35-3 of the Zoning Ordinance of the City of Corpus Christi. 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 10th day of March, 2009. ATTEST: CITY • F CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 2, 2009 eborah Walther Brown Assistant City Attorney For City Attorney enry Gar -tt Mayor, Cit of Corpus Christi H:\LEG-DI R\Shared\LEGAL-DE V. S V CS\2009 Agenda \3-10\ORD-zon ing-0109-07-BL RealEstate-A-2.doc Page'3 of 3 Corpus Christi,/ Texas /D Iday of,/ , 2009 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, Hnry Garrett Mayor, City of Corpus Christi mdk 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 McCutchon 028093 H:\LEG-DI R\Shared\LEGAL-DEV.S V CS\2009 Agenda \3-10\ORD-zoning-0109-07-BL Rea (Estate -A-2. doc CASE # 0109-07 SUBJECT PROPERTY Applicant Request From: "R -1C" To: "A-2" Ordinance No.: Exhibit A State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } CITY OF CORPUS CHRISTI } Ad # 5893723 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 PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 2/23/2009,2/23/2009. $ 224.79 1Time(s) On this I day of is a true and an exact copy made LE U"WENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 REPRESENTIVE I certify that the attached document publisher. I No ary Public, State of Texas February 23, 2009 • Monday Legal Notices 1110 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S) OF THE CITY OF COR- PUS CHRISTI Notice is hereby given in accordance with the law that the CIN Coun- cil of the City of Corpus Christi will conduct a public hear- ing on March 10, 2009 during a regular Coun- cil meeting which commences at 10:00 a.m. in the City Coun- cil Chambers, City Hall, 1201 Leopard,to consider the 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. 0109-03, Andrew Salmon: From a "B-1" Neighborhood Busi- ness District to an 1-2" Light Industrial District - Located on the north side of Holly Road ap- proximately 900 feet from the Holly Road and Carroll Lane inter- section. • 2. 0109-07, B.L. Real Estate Holdings: From a "R-1 C" One - Family Dwelling Dis- trict to an A-2" Apartment House Dis- trict - Located on the east side of Claudia Drive approximately 400 feet north of the Laguna Shores Road. 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 Corpus Christi State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5896322 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 -limes, 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 ORDINANCE NO. 02809 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 3/16/2009,3/16/2009. $ 122.94 1Time(s) On this day of °WENN J. MEDINA MY COMMISSION EXPIRES ;.,iA Aupuet2,2012 , n/I �` , 2f& I certify that the attached document �y . ' ES REPRESENTIVE made is a true and an exact co r y �] pusher. Public, State of Texas r • March 16, 2009 NOTICE OF PASSAGE OF ORDINANCE NO. 028093, Amend - Ing the Zonin Ordinance, upon ?poll - cation by B. L. Real Estate Holding Com- pany, LP, by changing the Zoning Map in ref- ere.nce to Tyler Subdivision, Block 1, Lot 11, from "R -1C". One -Family Dwelling District to "A-2" Apart- ment House District; amending the Com- prehensive Plan to account for any devia- tions from the existing Comprehensive Plan; providing a clause; providingrepealer a penalty; providing for publication. This ordi- nance was passed and he City approve Council of the City of Corpus Christi on March 10, 2009. /s/ Armando Chapa City Secretary City of Corpus Christi