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HomeMy WebLinkAbout028789 ORD - 09/21/2010Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP TO ESTABLISH A ZONING DISTRICT FOR APPROXIMATELY 5 TRACTS OF NEWLY ANNEXED SUBMERGED LAND (ANNEXATION ORDINANCE NO. 028283), TOTALING 6.635 ACRES, OWNED BY THE PORT OF CORPUS CHRISTI AUTHORITY, ALONG THE SOUTHERN SHORELINE OF NUECES BAY, AS "R -1B" ONE -FAMILY DWELLING 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 the City of Corpus Christi, 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, June 23, 2010, during a meeting of the Planning Commission, and on Tuesday, September 21, 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 establishing a zoning district for approximately 5 tracts, of newly annexed submerged land (Annexation Ordinance No. 028283, attached as Exhibit. "A"), totaling 6.635 acres, owned by the Port of Corpus Christi Authority, along the southern shoreline of Nueces Bay, as "R-1 B" One -Family Dwelling District. (See Exhibits "B", "C" and "D" for Maps of Tracts 1-5) 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. 028789 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda19-21\CASE NO. 0610-05 CITY OF CC\ORD.City of C.C.. Recently Anexed to R-1 BZoning.doc INDEXED Page 2 of 3 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 t t this or inance is passed upon first reading as an emergency measure on this r Q/ day o .. , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Ae City Secretary Mayor, City of Corpus Christi APPROVED: September 13, 2010 eborah Walther Br Assistant City Attorney For City Attorney H:ILEG-DIRISharedlLEGAL-DEV.SVCS12010 Agenda19-211CASE NO. 0610-05 CITY OF CCIORD.City of C.C.. Recently Anexed to R-1 BZon ing.doc Page 3 of 3 Corpus Christi, Texas 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 A ame 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 028789 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda19-211CASE NO. 0610-05 CITY OF CCIORD.City of C.C.. Recently Anexed to R-1 BZoning.doc Page t' of 4 ORDINAN:CE .w .� ANNEXING. APPROXIMATELY FIVE TRACTS, f� W APPROXIMATELY 6.635 ACRES, OF SUBMERGED LAND 'WED THE PORT OF CORPUS CHRISTI AUTHORITY ADJACEN TO CITY LIMITS ALONG THE .SOUTHERit SHORELINE, OF NU S THAT LIE BETWEEN :THE CURRENT CITY LIMIT LINE AI NUECES'BAY SHORELINE; PROVIDING THAT THE OWNER INHABITANTS ARE ENTITLED TO ALL. RIGHTS, PRIVILEGES, A BURDENS OF OTHER CITIZENS AN.Q PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, .RESOLUTIONS, AND RU,LES;;, PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS' CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE -DATE; PROVIDING FOR PUBLICATION;: AND, DECLARING AN EMERGENCY. WHEREAS, with the exception of the .area adjacent to the Nueces Bay; Power Plant, the City of Corpus Christi desires to set Its boundary along the southern shoreline :of Nueces Bay, and to ensure that the shoreline shifts with normal accretion and erosion ,of the shoreline,: WHEREAS, portions of the city limit linealong the shoreline have remained static and has not shifted with accretion and erosion, which has resulted In some submerged lands not being within the City and some uplands that should be in the City's Industrial district being within the City limits; WHEREAS, the Port of Corpus Christi. Authority has petitioned the City to adjust its boundaries along the southern shoreline of Nueces Bay by annexing submerged lands between the current city limits and the shoreline within the areas patented to the Port of Corpus Christi Authority by the State of Texas, under the authority of Section 43028, Texas Local Government Code; WHEREAS, the City of Corpus Christi desires to annex approximately five.` tracts, totaling approximately 6.635 acres, of submerged land owned by the Port of Corpus Christi Authority, adjacent to the city limits along the southern shoreline of Nueces Bay, that lie between the current city limit line and the Nueces Bay shoreline, to the City of Corpus Christi', WHEREAS, it has been determined: by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the: City Council that the territory now proposed. to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi,: EXHIBIT "A" Page 2 of 4 WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to ;annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory described in this ordinance, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 'CITY OF CORPUS CHRISTI, TEXAS:. SECTION 1, That approximately five tracts Of. submerged land, with approklmately 6.635 acres,more or less, Out of the subrnerged lands patented to the Port of Corpus Christl Authority, as the successor of the Nueces County Navigation Disttict 10,11oy the State of Texas, under the folloWingpatents issued 'by the State of Texas: Patent No.. 84, Issued on May 7, 1936, recorded in Volume 47k. Patent No. 381, issued on October 22, 1947, recorded in Volume 7-13:: and Patent No. 446, issued on Jenuary%:. 1956, are annexed to, brought within the corporate limits,,and made an integral part cf. the City Of _Corpus Christi. The tracts of submerged land being annexed are those submerged lands, which are owned by the Port of Corpus Christi Authority, that are between the current City limits andlho.current low water line along the southern shore of Nueces Bay„ The relocated City ilmitaline,Is.deabribed In Exhibit A Ofthis ordinance, which Is attached to and incorporated into thie.ordinanoe, The approximate location of the tracts of 041;Imergeititid are shown on the. map in Exhibit B of this ordinance, which is attached to and incorporated Into this ordinance. SECTION 2. The southern shoreline of Nueces Bay remains the City's corporate !Hilts. notwithstanding any changes to the phySibailobation of the shoreline caused by the natural..adcretion or erosion of the shoreline. SECTION 3. That thovoinets..ond inhabitants or the tracts or parcels of land annexed . . . by this are entitled to all the rights, privileges, and burdens Of other.OltiOnt and property owners of City of Corpus Christi, andare:SObjett-to and bound by the City Charter of the, City. of.CorpusChrlatt,, and.theordinancesjesolutlons,: motions, laws, MOS and regulations of city of Corpue.Chriett;and to intents and purposes as the present owners and inhabitants of the Citycif"CdtpOs Christi ate subject. SECTION 4. That the official map and boundaries of the City and. Its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 5. That the City Nienager or his designee Is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other 'section, Page 3 of 4 paragraph, subdivision, clause, phrase, word or proviejon of this ordinance for it Is the definite intent of this City,CoUntil that every section, paragraph, subdivision, clause, phrase, word or provision hereof beYgiven full force and effect for its purpose. SECTION 7. This ordinance goes into effect at 12:01 a.m., September 1, 2009. SECTION 8. 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 (1) finds and declare:3:am emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires co.nSideration of and voting upon ordinances at two regular meetings so that. this ordnance is passed and takes effect upon first reading as an emergency measure On this the day of August, 2009. ATTEST CITY OF CORPUS CHRISTI Armando Cherie City Secretary APPROVED: August 19th, 2009 y&rung Fist Assistant City Attorney For City Attorney Joe Adame Mayor Page 4 of 4 Corpus Christi, Texas day of August, 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chrlsti, 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 Adame Mayor The above ordinance was passed by the following vote: Joe Adarne Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott EFFECTIVE DATE 347)10110a1)2129 SUBJECT PROPERTY oci.169 yo par r enc ,Xowaewoos PLANNING COMMISSION & STAFF RECOMMENDATION From: Recently Annexed To: "R-113" CASE: 0610-05 ANNEXATION TRACT 2 (0.39 AC), TRACT 3 (2 56 AC) EXHIBIT "C" PLANNING COMMISSION. STAFF RECOMMENDATION ORDINANCE NO. SUBJECT PROPERTY 06,10120 PO Pox' ed SPR Nop Errnt orviceb CASE, 0610-05 ANNEXATION TRACT 4 (2.72 AC), TRACT 5 (0.95 AC) EXHIBIT "D" PLANNING COMMISSION STAFF RECOMMENDATION State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5946836 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 TO CONSIDER ZON which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/2/2010, 8/2/2010. $ 218.97 1Time(s) SALES EPRESENTIVE On this 2/iday of , 2X69I certify that the attached document is a true and an exact copy ade by p blisher. fki WENN J, MEDINA MY COMMISSION EXPIRES Moot 2, 2012 Nota Public, State of Texas CALLER -TIMES K August 2, 2010 « 3E Legal Notices MO NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby: giv- en that the Corpus Christi City Council will conduct a public hearing on August 17, 2010 during a regular. Council meet- €ng; which commences at 12:00 pm in the. Council Chambers, City Hall, 1201 Leopard, to conside rthe following zoning applications which are on file in the Office of the City Secretary.& the Dept. of Planning. At said time & place of hear- ing, persons. & parties interested may appear before the City Council: 1. 0610-03, Jack R. Baker: From the 'AB" Professional Office District to the "B-1" Neighborhood Busi- ness District Located in Northwest Estates, Biock 11, Lot 4, at 4030 River Hill Dr. 2. 0610-04, Extreme Homes of Texas, LLCM: From the "R -1B'' One -family' Dwelling District to the "R -1C" One -family ' Dwelling District` - Located at Shallow Creek Dr. 3. 0610-05, City of Corpus Christi: Zon- €ng recently annexed properties to the "R -1,B" One-Famlly Dwelling. District - Lo- cated: along the southern shoreline of Nueces Bay. Information may be obtained by calling or visiting the Dept. of Development. Ser- vices, ervices, Planning Section at {361) 826-3560, 2406 Leopard St. /s/Armando Chapa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5949512 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 TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/6/2010, 9/6/2010. $ 166.59 1Time(s) On this vT day of is a true and an exact copy made "a publisher. ..0 11 LEGAL SALES R PRES NTIVE 6tat-b-4-20/0 I certify that the attached document GWENN J. MEDINA MY COMMISSION EXPIRES August Z 2012 Totary Public, State of Texas ttember 6 2010.1 CALLER -TIMES Legal Notices 1110 �e- otioe la iereby giv- °i that :t e Copus; Chrlstr CIty Cd ,.. di will conUct E(1440ll hearing Septem; r V, Ct�7,004.e g r0 ny ing rhl fnme00. 'es ate l :OO Pm invth Council Chambers. ;CityHall,, 1201 Lpatio:ardd_to,;consider th following zoning'a pldation s) which:a on file, in:the Office.. the City`.Secretary.o ` the Dept. of Pfanniin At said time :& plac of hearing persons; ;parties; inter S e may apppear belor the City Cc ncii 1i 0 10.0,5,E C It §o Corpus:chrlstl; gn ing recently annexed' pFtp ro ertles to the fir-On"s Farnily: Dwellitig District -'Lo i.y along cate;the. southern` shoreline of Nueces:Bay information may :bei :abtalned by catling" Or. .visiting";the Dept. of Development Servic- es Plarnin Sectio at (361) 826.3560 2406 Loopard St. fs/Arrnanda Chap CitySecreta State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5950827 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 ORDINANCE NO. 02878 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/27/2010, 9/27/2010. $ 114.21 LEGAL SALES REPRESENTIVE 2Time(s) On this IW`- dayof�J��� , 2 "'-I certifythat the attached document is a true and an exact copy made by publisher. GWENNJ. M NA MY COMMISSIOiV EXPrf ES "' P„ Atigutt2, 2012 Notary Public, State of Texas CALLER -TIMES « September 27,, 2010 a 3E Leal Notices 11 Nonce OF PASSAGE OF ORDINANCE NO. 028789, Amend- ing the mend-ing;the Zoning, Ord., upon application b City of Corpus Chris ti, by changing;=thr Zoning Map to estab- lish a Zoning Diatrict for approximately `L traipts Of newly an: ne.ted submerge_ land (Annexatio Ord. No. 028283), to haling 6.635 acres, wnedby the Port of orpus Christi Au- hority, along the outileal shoreline of ueces Bay,as Ti -le" One-fmily welling District This rd. was passed & pproved by the Cor - us Christi City ouncil on Septem- er21 .2014. is/Armando Chapa City Secretor 7