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HomeMy WebLinkAbout028972 ORD - 02/22/2011Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CGP ACQUISITION & DEVELOPMENT, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.305 ACRES OUT OF BOHEMIAN COLONY LANDS, SECTION 3, LOT 4, LOCATED NORTH OF HOLLY ROAD AND WEST OF SANTA OLIVIA STREET, FROM THE "R -1B" ONE -FAMILY DWELLING DISTRICT TO THE "B-1" NEIGHBORHOOD BUSINESS DISTRICT, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A LOW-DENSITY RESIDENTIAL USE TO A COMMERCIAL 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 Corpus Christi Community Improvement Corporation, 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, January 19, 2011, during a meeting of the Planning Commission, and on Tuesday, February 22, 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 1.305 acres out of Bohemian Colony Lands, Section 3, Lot 4, located north of Holly Road and west of Santa Olivia Street, from the "R-1 B" One -Family Dwelling District to the "B-1" Neighborhood Business District resulting in a change of future land use from a low-density residential—use to a commercial use. (Zoning Map 047,037) (Exhibit A -"Planning Commission's 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. 028972 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda12-22-111CGP Aquisition & Development12-7-11 0111-04 DRAFT Ordinance.Deb-FINAL.doc INDEXED Page 2of3 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 soat this r inance is passed upon first reading as an emergency measure on this ,2 Z day of 2011. ATTEST: CITY OF CORPUS CHRISTI 16' Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This % 71/Lday of 7---chTcJGvtt,i , 2011 deborah Walther Brown Assistant City Attorney For City Attorney H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda12-22-111CGP Aquisition & Development12-7-11 0111-04 DRAFT Ordinance.Deb-FINAL.doc Page 3 of 3 Corpus Christi, Texas dfcVn . day o 011 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. Ilwe, 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, Ae,(-'6/10(---,0frze Joe Ad Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Abse Larry Elizondo, Sr. �] Kevin Kieschnick Priscilla G. Leal John E. Marez l�v� Nelda Martinez11-1Fefr Mark Scott S'f,._ Linda Strong EFFECTIVE mu �P2D11 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda12-22-111CGP Aquisltion & Development12-7-11 0111-04 DRAFT ordinance.Deb-FINAL.doc 0'8972, SUBJECT PROPERTY Pr pa Departme t • DeveVf CASE: 0111-04 EXHIBIT A PLANNING COMMISSION'S RECOMMENDATION FROM: R-16 TO: B-1 LOCATION MAP PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5962260 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. 02897 whichtheannexed is a true copy, was inserted in the Coripus Christi Caller -Times on the 2127,/2011 2.127,J2011. .$ 122:67 1Time(s) On thisay of is a true and an exact co OINENN J. MEDINA MY COMMISSION EXPIRES August 2,2012 LEGAL SALES REPRE"SENTIVE , 2 O 4 certify that the attached document made by publisher. Notary Pub ic,'State of Texas L CALLER -TIMES t February 27; 2011,,c 13E Legal Notices 1110. NOICE:OF PASSAGE OF -:: OR€IINANCE ISO 029952, Amehd- ingIhe toning Ord., Upon application by CGP Acaiuisltlon & 1"24o,iisrelCipro"a(fIr LLC by changig,rthe elZonon tBinoog hMe3a5mpannreeCsfeoorucnoey f Lands, Sect. 3 Lot 4, located north of Holly. Rd. and gest of -Sen- ta:Olivia St:, from the R-1 B' One .family Dwelling .Distrlct.to the; 13 1" Neighbor- hood B,ulslhese District resulting ln''a Change of tuture,land, use froth ,a low den- s tjr residential use to a commereiai,use, This ord Was,passed '& approved by `the: Corpus Christi City. Council on" February 22, 2011 Is! Armando Chapa; City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CC/ENGINEERING Ad # 5960702 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 PUBLIC HEARING TO CONSIDER .ZON which the annexed is a true copy, was inserted in the Corpus Christi Calder -Times on the 217/2011. 217./2011. $ 172.41 ITime(s) On this v.dayof is a true and an exact copy LEGAL SALES REPRESENTIVE .4erritil, MICHELLE JOYCE CABRERA t MY coMMISSIQN EXPIRES March 19, 2012 , 2 011 I certify that the attached document e by puj fisher. Notary Public, State ofI-exas 4E B February T 2011 )l. CALLR-TIMES Leal Notices 1110 .N9TICE:QF PUBLIC: BEARING TO CONSIDER ZONING;. APP#=ICA? ION(S): OF THE C1TY O.F. CQ US CHRISTI Notic s hereby gl- . en that the. Corpus Christi qty .Coyncfl will conduct a;'pubiic hearing on February. 22, 2011 during a regular Council;. Meet ing whlch commenc- es at=12:00 pmin the Council `Chambers, City Hall 1201.Leop- a rd-te:::consi der : the followin zoning ap- plioation�s) which are on: file•in: the ;Office of the City Secretary :& the Dept: of'Planning. At;said-:;tithe & place of heerin persons & partles interested may appear;°before the. City Council 1. D111 04, CGP Ac- quislt€on & Devel- opment, 4LC From the "R 1B":One fami ly. to the `'S1 ..Neighbor- hood ,Business; Dls- trict-'L-ocated:rsorth of Holly_'Fkaad and west of Santa �011vi'e Street information may: be obtained by Calling or visiting the Dept.:.of Development :Servic- es, : Planning; Section at (361) 626-35.60, 2406Leopard St. 151 Armando Ghapa City Secretary