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Home My WebLink About028309 ORD - 09/15/2009Page 1 ofC 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HEB GROCERY COMPANY, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO 21.461 ACRES OUT OF LOTS 19 AND 20, SECTION 11, FLOUR BLUFF AND ENCINAL FARM GARDEN TRACTS, FROM " R-1 B" ONE -FAMILY DWELLING DISTRICT TO "A-1" 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 HEB Grocery 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, August 19, 2009, during a meeting of the Planning Commission, and on Tuesday, September 15, 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 21.461 acres out of Lots 19 and 20, Section 11, Flour Bluff and Encinal Farm Garden Tracts, located approximately 1350 feet southeast of South Staples Street, from "R-1 B" One -family Dwelling District to "A-1" Apartment House District. (Zoning Map 044032) (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. H:1LEG-DIRlShared\LEGAL-DEV.SVCS12009 Agenda\9-15\ORD-zoning 0809-06-HEB-A-1 (PC-Staff).doc 028309 INDEXED Page 2 of3 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 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 15th day of September, 2009. ATTEST: • q aid Armando Chapa Joe Acfame City Secretary Mayor, City of Corpus Christi CITY OF CORPUS CHRISTI ad/kotte) APPROVED: 4f/P , 2009 O6//feigca".' Deborah Walther Br Assistant City Attorney For City Attorney H:1LEG-DIRIShared\LEGAL-DEV.SVCS12009 Agenda19-151ORD-zoning 0809-06-HEB-A-1 (PC-Staff).doc 028309 Corpus Christi, Texas day 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. Page 3 of 3 Respectfully, Respectfully, le, Joe dame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adameit 19F Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:1LEG-DIRISharedILEGAL-DEV.SVCS12009 Agendal9-151GRD-zoning 0809-05-11EB-A-1 (PC-Staff}.doc 028309 CASE # 0809-06 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A FROM: R -IB TO: Al - ORDINANCE: State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5915757 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 Patricia, 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 8/31/2009,8/31/2009. $ 262.62 1Time(s) On this g day of is a true and an exact copy made bublisher. LE LES REPRESENTIVE —6-714-1)36C2()'ii certify that the attached document ',y'if1Yie1,1��'. GWENN J. MEDINA +*' � MY COMMISSION EXPIRES nk Aught, 2012 Nota Public, State of Texas 3') g GE » August 3l, 2009 » CALLER -TIMES - NOTICE OF PUBLIC HEARINGTO CON- SIDER ZONING APPLICATION(S) OFTHE CITY OF CORPUS CHRISTI Notice is hereby giv- en in accordance with the law that the - City Council of the City of Corpus Christi will conduct a public hearing on Septem- ber 15, 2009 during a regular Council meet - i g which commences at 12:00 p.m. in the City Council ClIambers, City Hall, 1201. Leop- ard, to consider the following zoning ap- plication(s) of which said application(s) are on file in the Of- fice of the City Secretary and the Department of Plan- ning. At said time and place of hearing, all persons and par- ties. interested may appear before the City Council. The zoning application(s) to be considered at Ithe hearing are as follows: 1 1.0709-02, Shrub Oak LLC: From a "RE" Residential Es- i tate District to an "1-2" Light Industrial Dis- 1 trict resulting in a change of land use from unimproved toi self storage facility - Located apP roxi- mately 700 feet south E of Glenoak Road, on I the east side of Flour i Bluff Drive, west of! Waldron Road, and l north of Caribbean Drive. 2. 0809-06, HEB Grocery Company, LP: From a "R -1B" One -family Dwelling District to an "A-2" Apartment House District resultingin- a I change of lanusel from vacant to senior l assisted living use - Located approxi -1 mately 1,350 feet; southeast of South Staples Street. 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 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5917943 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,Corpus the Ca us 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 /).1"? publication of, NOTICE OF PASSAGE OF ORDINANCE NO. ' which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/21/2009, 9/21/2009. $ 134.58 1Time(s) On this ay o is a true and an exact co y mad LEG EPRE ' y IVE ertify that the attached document GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 Not4ry ' ■lic, Sta e of Texas CALLER TIMES « SE .=tember 21, 2009 5E t=, Legal Notices 1110 r NOTICE OF PASSAGE OF ORDINANCE NO. 028309 Amending the Zoning Ordinance upon - ap- plication by HEB Grocery Company, LP by changing the zoning- map• in refer- ence eference to 21:461 acres out of Lots 19 and . 20, Section 11, Flour Bluff & Encinal Farm & Garden Tracts, from "R -1B" One - family Dwelling Dis- trict to "A-1" Apartment House District; -amending the Comprehensive Plan to account for any deviations from 'the existing Compre- I ihensive Plan;' providing repealer clause; providing al penalty; and provid- ing for public tion. i This ordinanc was; passed and approved ' by the City Council of the City of Corpus Christi on September 15, 2009. • • Is/Armando Chapa City Secretary City of Corpus Christi