HomeMy WebLinkAbout029064 ORD - 05/17/2011Page 1 of 3
ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MBL
DERBY CITY DEVELOPMENT, LLC., AND URBAN ENGINEERING,
REPRESENTATIVE, ON BEHALF OF MIRABAL DEVELOPMENT
GROUP, LC (OWNER OF BASS SUBDIVISION, BLOCK 28, LOTS A
AND B), MORTEZA SHAFINURY (OWNER OF BASS SUBDIVISION,
BLOCK 28, LOTS C AND D) AND HAZEL KAY FREDERICK
MONAHAN, IN HER CAPACITY AS TRUSTEE OF THE FREDERICK -
ROBERTSON IRREVOCABLE TRUST (OWNER OF BASS
SUBDIVISION, BLOCK 29, LOTS C, D AND E), BY CHANGING THE
ZONING MAP IN REFERENCE TO BASS SUBDIVISION, BLOCK 28,
LOTS A, B, C & D AND BLOCK 29, LOTS C, D & E, LOCATED ALONG
THE NORTH SIDE OF SANDRA LANE, EAST OF AIRLINE ROAD,
FROM THE "R -1B" ONE -FAMILY DWELLING DISTRICT TO THE "A-1"
APARTMENT HOUSE DISTRICT, RESULTING IN A CHANGE OF
FUTURE LAND USE FROM A LOW-DENSITY RESIDENTIAL USE TO A
MEDIUM -DENSITY RESIDENTIAL 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 MBL Derby City Development, LLC.
and Urban Engineering, Representative, on behalf of Mirabal Development Group, LC
(Owner of Bass Subdivision, Block 28, Lots A and B), Morteza Shafinury, (Owner of
Bass Subdivision Block 28, Lots C and D) and Hazel Kay Frederick Monahan, in her
capacity as Trustee of the Frederick -Robertson Irrevocable Trust (Owner of Bass
Subdivision Block 29, Lots C, D and E), 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 13, 2011, during a meeting of the Planning Commission, and on Tuesday, May 17,
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, 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 Bass Subdivision, Block 28, Lots A, B, C & D and
H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda15-17-111MBL Derby City Development105.05.11.0411-04 Ordinance (R1B to
A-1)_1DWBFinal.doc
029064
INDEXED
Page 2of3
Block 29, Lots C, D, & E, located along the north side of Sandra Lane, east of Airline
Road, from the "R -1B" One -family Dwelling District to the "A-1" Apartment House
District, resulting in a change of future land use from a low-density residential use to a
medium -density residential use (Zoning Map 042,033)(Exhibit A - "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.
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 80 hat this ordinance is passed upon first reading as an emergency
measure on this /%/day of ., 2011.
CITY OF CORPUS CHRISTI
ATTEST:
‘0)-1'Nr2."/„C-6
Armando Chapa
City Secretary
Joe Adaifie
Mayor, City of Corpus Christi
APPROVED AS TO FORM: This 5th day of May, 2011.
l';‘)/4
eborah Walther Bro
Assistant City Attorney or City Attorney
H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda15-17-111MBL Derby City Development105.05.11.0411-04 Ordinance (RIB to
A-1)_1 DWBFinal.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. r/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 Adafe
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 L
John E. Marez
Nelda Martinez C
Mark Scott
Linda Strong
EFFECTIVE DATE
rat/ a3, .oi1
H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda15-17-111MBL Derby City Development105.05.11.0411-04 Ordinance (RIB to
A-1)_1 DWBFinal.doc
029064
1' VIEW PSYVMATRie H
F RISP/85-O7
SWI C
l e o rye
Pthen e
4^C parhrrento•Develo prn rvi es
CASE: 0411-04
EXHIBIT A
PLANNING COMMISSION'S &
STAFF'S RECOMMENDATION
FROM: R-1 B
TO: A-1
Gayo Dal
ORDINANCE NO.
LOCATION MAP
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
.Ad # 5968622
PO#
Before - me, the undersigned, a Notary -Public, this day personally came
-GEORGIA LAWSON, who being first duly sworn, accor=ding to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Carpus Christi Caller -Times, a daily newspaper published at
=Corpus Christi in said City andState, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, lileberg, Live Oak,Nueces, Refugio, and
San Patrick), Counties, and that the publication of, NOTICE OF PASSAGE OF
ORDINANCES NO. 0290 which the annexed is a true copy, was inserted in the
Carpus .Christi Caller -Times on the 5/2a/20M-5/2312011.
303.36
1Tim (s)
On this dbiy of
is a true and an exac
LEGAL SALES REPR .SENTIVE
, 201 I,c
ublish
opy m
ttached -document
OWENN J. MEDINA
MY COMMESS3ON EXPIRES
August 2, 2012
blic, State of Texas
1,0 11 ZE VIP 11
ttii14il1vd'3a 331V-141:1
CALLER TIMES a May 23, 2011 «:3E
Legal Notices 1110
NQTiCE OF
PASSAGE OF
OHOINANCES`
NO. 029062, Amend-
ing the. Zoning .Ord,
upon application by
Rudy Sosa,. by
changing ,the Zoning
Mapin. reference to
Lawnview Annex,
Block 4, Lot 15, -locat-
ed at the northeast
corner of• Marguerite
St & 10th St., south
ofiAgnes St., from
the'A 2 A �artreent,
house District to the
Professional Of
five District, resulting.
in a change: of future
land use tram a high=
density residentlel.
, use ;to. a professional.
office use; NO.
0290$3, amending.
the';: Zoning Ord.;.
upon application by.
Jose G. -Fernandez
on behalf, of Delia
Fernandez : (owner)';:
by:changing:the Zon
ing Map' in reference
to` Highway. Village2,
Block 10, Lot 1, lacat-
ed' at the. southeast
corner of. Leopard St:
& .Robby Dr., from
the "B-4" `General
Business' District 16
the' "B 4/SP": General
Business District with
a:; Special Perrnit'&
eight (8)- conditions,.
*jet `resulting in a;
change of future nand.
use; & NO. 029064,
Amending the Zoning
Ord., upon applica-..
tiara by MBS Derby
City. Development,"
LLC, & Urban Engi-
nearing Representa-.
tt$, on.bel alt of Mir-
abal Development
Group, LC (Owner, of.
Bass Subdivisio""n
Block 2i8 Lots A :&
B), Morteza' Shofinu7.
r (Owner•:01 Base;
Subdivision Block::
Hezef Kay Frederick:
Monahan,. f her •ca-
pacify as trustee of..
the Frederick=Robert
scn;:lrrevccable TroSt-
(owner of Bass Sub'
diylston, -Block 29;:
Changing lhe Zoning
Map in reference to
Bass Subdivision,
Block 28, Lots Ar
C' &. D & Block 29,
Lots C, D &,E, Ioccat=
ed..along the north
side of Sandra Ln;,
east of Airline Rd.,
;from the. "R-1 B One-
fartillyDwelling Dis
.trict;.ta; the: A-1".
A`artment _Rouse�
District, resulting in a
changge of future land
use from a low -den-
sit'.. residential use to
a:'medium density
residential use
These ord. were
ppassed & approved
by the Corpus Christi
City Council on May
17, 2011.
is/ Armando. Chapa
City Secretary
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5966916
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 512/2011, 5/2/2011.
$ 419.76
1Time(s)
tJ ��
LEGAL SALES REPRESENTIVE
On this day of al , 2a k i I certify that the attached document
is a true and an exact copy e by publisher.
ti
MICHELLE JOYCE CABRERA
MY COMMISSION EXPIRES
March 19, 2012
Notary Public, State of Texas
4� v May 2011; Is CALLER TIMES
Legal Notices 1110
NOTICE OF<PUBLIC�
HEARING ti CON-
SIDER ZONING
APPLtcATiON(S)
OF`.HeCITY F,
CORPUS C 1RISTI
Notice Is hereby giv;`
erf.=ithat the`SOorpos
Cr,rlstt &it)r Dopn4I
Will cpnduptr : ub1(c
f1earing on iMay 17,
201.1 during a regular.
01:1:..:m;eetin.g'
Which :0660)0100:at.
12:'d0 pnt."in the
Council Chambers,
City: Hall, .1201 Leop-.
arch :to consider.,:the:
foliowm zoning ap-'
plications which are
on" file In theOffice of
the City Secretary &
the Dept of:Planning.
At:'said time''& place
of hearing, persons &
parties. interested.
may appear before
the City.Council
1..0411 02, Rudy So.-
sa::From the A-2:
Appartment::.House.
District tg .tf a.,AB";
Professional Office;
District Located at
the northeast corner
ef-Marguerite St. and
18th St., south of
Agnes St. .
2. 0411-03, Jose G
Fernandez:: From the
B-4" .General BUMi-;
ness District to the
"1-2"Light Industrial;
Districts Located at
the southeast corner
of.:.Leapard. St. and
Robby Dr,
3. 0411-04, MBL Der-
by City Development;
LLC: From the R 1 B
One -family Dwelling
District to -the "A-1'.
Apartment House
District Located
along the, north side
of Sandra Ch.; east of
Airline Rd.
Information` may be
Obtained by calling or
visiting the Dept. of
Development ::Servic-
es, 'Planning. Section
at (361) 826.-3560,
2406. Leopard'St.
is/Armando Chapa.
City Secretary