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HomeMy WebLinkAbout028606 ORD - 05/18/2010Page 1 of 1 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MITCHELL VICHA AND COURTNEY URBAN VICHA, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.00 ACRES OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDENS TRACT LOTS 32 AND 33, SECTION 52, FROM "F -R" FARM -RURAL DISTRICT TO "RE" RESIDENTIAL ESTATE 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 Mitchell Vicha and Courtney Urban Vicha, 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, April 14, 2010, during a meeting of the Planning Commission, and on Tuesday, May 18, 2010, 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 3.00 acres out of the Flour Bluff and Encinal Farm and Gardens Tract, Lots 32 and 33, Section 52, located southeast of Waldron Road, at 4121 Waldron Road, from "F -R" Farm -Rural District to "RE" Residential Estate District. (Zoning Map 037027) (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:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\5-18-10\CASE NO. 0410-01 MITCHELL VICHA AND COURTNEY URBAN V ICHA\ORD-zoning. MVicha.CUVicha. FR.to. RE.doc 028606 INDEXED Page 2 of 3 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 ATTEST: ay of 2010. CITY OF CORPUS CHRISTI Armando Chapa Joedame Mayor, City of Corpus Christi City Secretary APPROVED: 4 2010 (,�'eborah Walther Brown Assistant City Attorney For City Attorney H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda \5-18-10\CASE NO. 0410-01 MITCHELL VICHA AND COURTNEY URBAN VICHA\ORD-zoning. MVicha. CUVicha. FR.to. RE.doc Page 3of3 Corpus Christi, Texas I6 + day of , 2010 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, Joe Ad Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EFFECTIVE DATE 04,3 aµ dD10 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\5-18-10\CASE NO. 0410-01 MITCHELL VICHA AND COURTNEY URBAN VICHA\ORD-zoning.MVicha.CUVicha.FR.to.RE.doc 028606 a�aa�,ar Prred 8y:.t P etocSarrzcea CASE: 0= EXHIBIT A PLANNING COMMISSION STAFF RECOMMENDATION From : F -R To:RE Ordinance: State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5940958 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0286 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/2412010, 5./24/2010. $ 140.40 1Time(s) On this Galiday of is a true and an exact cosy made • •ublisher. 2 CA certify that the attached document Ndtary Public, State of Texas CALLER -TIMES a May 24,20.101 5E Lewd Notircs 1110 :NOT: 'Mir PASSAGE:OF ORDINANCES INC. 028606, Amend- ing the Zoning .Ord., Upon apPtiOation'tpy MItoheti-:V.fOna & doUrtney.-:Urbah Vi- ohs,- by changing the Zoning Map In refer enoe.:to 3,0 ares out of the Flour Bluff & Encinal Form & Gar- dens Tract.Lots 32 &I 33,SeotiOrf.52, from "F -H" Farm -Rural District to 'RE" Resi- dentio"1,--Belato ;Dietilotr.& :NO. 0286.07,. Amending the - Zoning : Ord., upon applioatlon by Raju 80aot, by Changing.:.tfte'.ZOOng MapiLm•refeifenbe to 1,93:'-.41t0:3.,•.ocit of WhEtran-TradlinIt.:4 I2 Light1flduStriat bistii6t,to,!04G6h, oral 01.14006;PIStrict. These ord. were passed &.approved by the Corpus Chriati City Council on May 18,2010. /s/Armando'Chapa City Secretary