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HomeMy WebLinkAbout028832 ORD - 11/09/2010Page 1 of 3' ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RAY E. SMITH, JR., BY CHANGING THE ZONING MAP IN REFERENCE TO APPROXIMATELY NINE(9) ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, SECTION 21, PORTIONS OF LOTS 6 AND 7, LOCATED SOUTH OF LIPES BOULEVARD, APPROXIMATELY 850 FEET WEST OF AIRLINE ROAD, FROM "F -R" FARM -RURAL DISTRICT TO "R-1 B" 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 Ray E. Smith, Jr., 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, September 29, 2010, during a meeting of the Planning Commission, and on Tuesday, November 9 , 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 approximately nine (9) acres out of Flour Bluff and Encinal Farm and Garden Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately 850 feet west of Airline Road, from "F -R" Farm -Rural District to "R-1 B" One -Family Dwelling District. (Zoning Map) (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. 028832 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda111-09-1010910-02 Ray E Smith, Jr\ORD F -R to R-1 B. Final. DWB.docx 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 A,oAhat this or,d%i ianc is passed upon first reading as an emergency measure on this day of /VOki 1 , 2010. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe A me(0(41;1411 Mayor, City of Corpus Christi APPROVED: This j day of�•a��a�:-L_ , 2010 pp •orah Walther Brown/ (---Assistant City Attorney For City Attorney H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda111-09-1010910-02 Ray E Smith, Jr1ORD F -R to R-18. Final. DWB.docx , Page 3 of 3 Corpus Christi, Texas day of&4, 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, adeytiv, Joe Adme 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 025832 EFFECTIVE DATE H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda111-09-1010910-02 Ray E Smith, Jr\ORD F -R to R-16. Final. DWB.docx 12 AfTAN ES A €S UNIT f 4.VF.U4NE CFC0 ss Hoe UN � II /f! S GRAS LAUD $01301V.I'S f�A! sae aC£!e ASE 0910-02 EXHIBIT A PLANNING COMMISSION STAFF RECOMMENDATION FROM: F -R TO: R-1 B fORDINANCE NO. [LOCATION MAP State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5953043 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 PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 10 / 25 / 2010, 10 / 25 / 2010. $ 169.50 1Time(s) LEGAL SALES PRESENTIVE On this day o , 20) 4 I certify that the attached document is a true and an exact copy made by publisher. MICHELLE JOYCE CABRERA MY COMMISSION CXPIRES Manch 10, 2012 Notary Public, State of as 4E ». October 25, 2010:a CALLER -TIMES Legal Notices 1110' r�: r, BLI HEARINGTO CON SIDER ZONING APPLICATION(S) OPINE CITY OF CORPUS CIiRISTI otice is hereby giv n that the Corpus, hristi City Counci conduct apupil staring on November r 2010 during a reg- lar Council meetiri•l, hick-commences:a' 2:'00. pm In th',- ouncll Chambers ity Hall,,1201 Leop rd, to consider th ollowin zoning ap lication(s) which ar on file in the, Office o the City Secretary he Det; of: Planning'' At said time & .plac _ `t ,of hearing, persons;:: parties intereste. (f may appear befor - the City Council 1, %:0910-02 Ray E Smith, Jr.: From th "F -R" Farm Rural District to the R-1 B One -family Dwellin District Locate south of Lipes Boule vard, approximates 850 feet west of Ai line Road. information may b obtained by calling • w1 vleiting the. Dept. Development Servi. es, Planning Sectio at (361) 826-356', 2406 Leopard St., /s/Armando Cha.' City Secreta )31 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5954682 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 Patrick), Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02883 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 11/15/2010, 11/15/2010. $ 108.39 LEGAL SALES EPR TIVE 2Time (s) On this 11 day of N*U`€,mh, , 2 o)O I certify that the attached document is a true and an exact copy made by publisher. •� GWENN J. MEDINA gP MY COMMISSION EXPIRES August 2,2012 Ngtary Public, State of Texas CALLER TIMES cc November 15, 2010;,(( SE Legal Notices 1110 NOTICE (SF, PASSAGE OF ORDINANCE NO "0286.32, emend ing the Zoning .Ord., upon application b Ray E. Smith, Jr., by changing the Zoning Map in referenceto approx. nine; (9) acresoutof Flou_, Bluff & Encinai Farm & Garden Tract, Sec 21 portions of Lots & 7 located south o Lipes.Blvd,, ..approx.. 850 ft west of -Airline Rd., from "F -R" Farm -Rural District to "R -1B" One -family Dwelling District. This ord. was passed & approved by;the Corpus Christi City Council on Novi'9, 8010. /s/Armando Cnapa • City Secretary