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HomeMy WebLinkAbout028947 ORD - 02/08/2011Page 1 of,3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO 163.24 ACRES OUT OF THE WILLIAM BRYAN SURVEY ABSTRACT 45 & BALLI SURVEY ABSTRACT 1998, LOCATED BETWEEN STATE HIGHWAY 361 AND THE GULF OF MEXICO AND ALONG THE SOUTH SIDE OF ZAHN ROAD, FROM THE "ATIIO" APARTMENT TOURIST DISTRICT WITH ISLAND OVERLAY TO THE "B -2A110" BARRIER ISLAND BUSINESS DISTRICT WITH ISLAND OVERLAY RESULTING IN A CHANGE OF FUTURE LAND USE FROM A PUBLIC/SEMI-PUBLIC USE TO A TOURIST USE; 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 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, December 8, 2010, during a meeting of the Planning Commission, and on Tuesday, February 8, 2011, 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 163.24 acres out of the William Bryan Survey Abstract 45 & Balli Survey Abstract 1998, located between State Highway 361 and the Gulf of Mexico and along the south side of Zahn Road, from the "AT/IO" Apartment Tourist District with Island Overlay to the "B-2A/IO" Barrier Island Business District with Island Overlay resulting in a change of future land use from a public/semi-public use to a tourist use (Zoning Map 028,027) (Exhibit A -Planning Commission's & Staffs Recommendation). 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. 028947 H:1PLN-DIR\SHARED11. Planning Commission12011 CCWan 201111210-06 City of CC (Packery Channel)11210-06 Ordinance.doc INDEXED Page 2 of 3 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. 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 s•, that this rdinance is passed upon first reading as an emergency measure on this : " day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: This o2/ day of G,u v .4 , 2011 CITY OF CORPUS CHRISTI Joe A ame Mayor, City of Corpus Christi D6borah Walther Bro Assistant City Attorney For City Attorney H:IPLN-DIRISHAREDI1. Planning Commission12011 CC\Jan 2011\1210-06 City of CC (Packery Channel)11210-06 Ordinance.doc Page 3 of 3 Corpus Christi, Texas day of , 2011 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, Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 028947 EFFECTIVE DATE _4,/ery,ctp ,011 H:IPLN-DIR\SHAREDI1. Planning Commission12011 CCWan 2011\1210-06 City of CC (Packery Channel)11210-06 Ordinance.doc ESERVE AT MUST AT/ RE IS A N D 11122/2010 Prepared By: SRR Departmern of Development Services CASE: 1210-06 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: AT/IO TO: B-2A/IO ORDINANCE NO. SUBJECT PROPERTY City of Corpus Christi State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5958688 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 1/10/2011, 1/10/2011. $ 245.16 1Time(s) On this day o is a true and an ex LEGAL SALES REPRESENTIVE LiL.. c ' copy ma , 2 dI certify that the attached document by publisher. GWENN,J. MED NA MY COMMISSION EXPIRES August 2, 20/2 ADA & Notary Public, State of Texas 5-79,5-y6yie CALLER -TIMES a January 10, 2011. a 3E Legal Notices 1.11.0 NOTICE OF PUBLIC HEARINGTO CON-. SIDER`ZONINO APPLICATION(S) OFTHE CITY OF CORPUS CHRISTI Notice is hereby giv- en that the Corpus Christi City Council will conduct a public hearing on January 25, 2011 during .a regular Council meet- ing whichcommenc- es at 12:00 pm in the Council Chambers,. City Hall, 1201 Leop- ard, to:. consider the following zoning ap- plication(s) Which are on file in the Office of the. City Secretary & the Dept. of Planning. At said time & place of hearing, persons & parties interested may appear before the City Council: 1. 1210-04, Corpus Christi Community Improvement Corp.: From the "B-5" .Pri- mary Business Dis- trict to the "R-1 B" One -family Dwelling District -;:Located. at the northwest corner of Coleman Ave. and Fourteenth St.. .. 2. 1210-05, Corpus Christi Community improvement Corp.: From the,:"1-2".Light Industrial District to the "R -IB" One-faml- ly Dwelling District >- Located at the south- west corner of Mar- guerite St. and Twelfth St, 3. 1210-06, City of Corpus Christi: From the "AT/PO" Apart- ment Tourist District with Island Overiay'to the. "B -2N10" Barrier Island Business Dis- trict with .Island Oyer - lay - Located be- tween State Hwy 361 and: the Gulf of Mexi- co and along the south side of Zahn Rd. :. Information may be obtained by calling or visiting the. Dept, of Development Servic- es, Planning Section at (361) 826-3560, 2406 Leopard St. /sl Armando Chapa City Secretary State of Texas County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5961097 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. 02894 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 2/14/2011, 2/14/2011. $ 131.67 1Time(s) On this (. 2 A day of LEGAL SALES REPRESENTIVE 2l9' VI certify that the attached document is a true and an exact copy made by publisher. DWENN J. MDDINA MY COMMISSION EXPIRES August 2, 2012 Not4ry Public, State of Texas CALLER -TIMES « February 14, 2011 tt'3E L Legal Notices 7.11.0 NOTICE QF. PASSAGE OF. ORDINANCE NO. 028947,.Amend- ing the Zoning Ord., upon application:: by. City. ofcorpus Chris- ti; by .changing: the Zoning. Map in refer- ence to 163.24 acres out of the William Bryan.Survey;Ab- stract :45 &:Belli Survey``Abastract 1998,.located be- tween. S.H. `361 & the Gulf.;of, Mexico • & along the south side of Zahn Rd from the "AT/lO .'Apartment:. Tourist 'D€strlct with Island Overlay to .the "B A/Id";Barrier;Is land Business District; with Island Overlay resulting: In a°.change of future land'°use from a public/semi- public use to a tourist use. This ord. was passed & approved; by the Corpus Christi City Councll on. Feb- ruary 8, 201.1. /s/ Armando Chaps City' Secretary