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HomeMy WebLinkAbout029381 ORD - 02/28/2012Ordinance amending the Unified Development Code (UDC), upon application of Asset Development Corporation, LP, on behalf of multiple owners, by changing the UDC zoning map in reference to a 111.69 - acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, a portion out of Lot 20, Block 41, Lots 7-14, Block 43, a portion out of Lots 6, 8 & 14 and all of Lots 9-13, and Block 44, a portion out of Lots 1, 2, 6 & 7 and all of Lots 3-5, all in Padre Island -Corpus Christi Fairway Estates, located west of South Padre Island Drive (PR 22) and south of Commodores Drive, from the "RS -6" Single Family 6 District and "RM -AT" Multifamily Apartment Tourist District to the "CR -2" Resort Commercial District - Barrier Island Business, 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, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Asset Development Corporation, on behalf of: 1. Padre Isles Management Corporation, owner of 96.6 acres out of Block 27A zoned "RS -6" and 3.5 acres out of Lot 1, Block 27B zoned "RM -AT", in Padre Island -Corpus Christi Island Fairway Estates; 2. Yehuda Azoulav and Ofer Elisha, owners of Lot 7, Block 41, zoned "RM -AT", in Padre Island -Corpus Christi Island Fairway Estates; 3. Gabriele Stauder-Hilpold, Trustee for The Hilpold Affiliated Companies Trust, owners of Lot 11, Block 41, zoned "RM -AT, in Padre Island -Corpus Christi Island Fairway Estates; and 4. Asset Development, LP, owners of a Portion of Block 26 and Portion of Lot 20, Block 34 all zoned "RS -6"; Lots 8, 9, 10, 12, 13, and 14, Block 41 all. zoned "RM -AT"; Portion of Lots 6, 8, and 14 and all of Lots 9-13, Block 43 and a Portion of Lots 1, 2, 6, and 7, and all of Lots 3-5, Block 44, all zoned'. "RS -6 WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 18, 2012, during a meeting of the Planning Commission, and on Tuesday, February 28, 2012, 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. 029381 INDEXED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on a 111.69 - acre tract of land out of a portion of Block:26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, a portion out of Lot 20, Block 41, Lots 7-14, Block 43, a portion out of Lots 6, 8 & 14 and all of Lots 9-13, and Block 44, a portion out of Lots 1, 2, 6 & 7 and all of Lots 3-5, all in Padre Island— Corpus Christi Fairway Estates, located west of South Padre Island Drive (PR 22) and south of Commodores Drive, as requested by Asset Development, LP on behalf of the four respective owners, 1. Padre Isles Management Corporation, 2. Yehuda Azoulay and Ofer Elisha, 3. Gabriele Stauder-Hilpold, Trustee for The Hilpold Affiliated Companies Trust and 4. Asset Development, LP, whose ownership interests are noted heretofore, from the "RS -6" Single Family 6 District and "RM AT" Multifamily Apartment Tourist District to the "CR -2" Resort Commercial District — Barrier Island Business, (Zoning Maps 030-025, 030-026, 030-027, 029-025, 029-026, and 029-027) (Exhibit A - "Planning Commission and Staff Recommendation"). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, 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 as provided in Section 1.10.1 and/or Article 10 of the UDC. 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 that this ordinance is passed upon first reading as an emergency measure on this P\S-1Tday of fe,bfu,kr1 , 2012. K:1Legal\SFiAREDILEGAL-DEV.SVCS12012 AgendalSchlitterbahn101-30-12, 0112-02 Asset Development Corp, RS -6 and RM -AT to CR -2, Ordinance, PC -Staff Recommend DWBFinai.doc 1 1 I- ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This ' day of Ce -7.64/-4 fr , 2012. dL;4;70L,,,, eborah Walther Brow Assistant City Attorney For City Attorney City Council signatures at next page. K:ILegaI\SHAREDILEGAL-DEV,SVCS12012 AgendalSchlitterbahn101-30-12, 0112-02 Asset Development Corp, RS -6 and RM -AT to CR -2, Ordinance, PC -Staff Recommend DWBFinal.doc Corpus Christi, Texas day of r urn , 2012 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, Council Members Joe A1ame Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott ctAlt 0)3, aio. 'bac 04-e aAat K:1Legal\SHAREDILEGAL-DEV.SVCS12012 AgendalSchlitterbahn101-30-12, 0112-02 Asset Development Corp, RS -6 to CR -2, Ordinance, PC -Staff Recommend DWBFinal,doc O 9381 nd RM -AT WATER SUBJECT PROP4TY WATER 12103/2012 Prepared Sy: JDM ant of Development Services CASE: 0112-02 Exhibit A Planning Commission & Staff Recommendation From: "RS -6" Single-family 6 & "RM -AT" Multifamily AT To: "CR -2" Resort Commercial Ordinance No. LOCATION MAP PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5988396 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 2/13/2012, 2/13/2012. $ 178.23 1Time(s) (d t,,r On this day of j,DMCMf , 2\I certify that the attached document is a true and an exact copy ma LEGAL SALES REPRESENTIVE y publisher. El=mimcyKcLoLmEmJiosysci.EncEAxpB1Rrey cABRERA Notf Texas Expires01 B Febr ary 13,2012 »:CALLER TIMES Legal Notices 1110 NnTI,. OF i U LIC: SIOEA 01fI(1VCa APPUC TIONS , 01=7rHE GIT1f CO CORPUS CHRISTI. Notice is hereby g+v ' en that the .Corpus. Christi Clty, Council w+11 conduct a :public hearnag on February:. X8,.2.0,12 ;during a regular Meet w.,h i..c:h "commences et 42:00: pm in the Council Chambers, on. Hall, 1201>.Leopard,. to consider the followin zoning application(se) :which :').are: .on ;file in. the. Office 'of: the City. Secretary & the Dept. of: Planning, At said tirne &' place ofhear parties rnterested rltiay appear before the City Council: 0122-.02,, Asset: Da- vel 'o p m';er!'t Corporation. From "RS -6" Single -Family 6 District & ``RM -AT" Multlfef r111y AT District to. "C:R 2 Resort. Commercial,Diistrict;- Barrier: Island District,. located west of South Rad ha Island'.Drive: (PR 22) and south of ommodores Drive_ Information may be: obtained by..calling: or visiting the Dept. of Development Ser-: vic.e:s, P:l?ann1ng $'ec`tion,--<at (361,) 626-3660, 2406 Leopard st /s/ Armando :Chapa Gity Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5990091 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. 02938 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 3/5/2012, 3/5/2012. $ 192.78 1Time(s) LGAL SALES REPRESENTIVE On this day of l" i , 2 ()r- I certify that the attached document is a true and an exact copy made by publisher. MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Notary Public, St f Texas J4E; » March 5, 2012 » CALLER -TIMES Lot�al Notices 1110 NC;lT1t� (�P PA$S�1G IDF OE10114 i;NCE. . NO 029381 Amend ing; the Unified t7e:vel- opment .Cede (UCC), upon appllaatfon ;of Asaet Developfner(t Corporation LP, on b0.04a of .muit; ple owners, •by,changing the UI]Czongig,:reap in:ireference to <a 111 69=acre tract%of land out of:a portion of:: B1ocR. 26,, 56:6 sores out pot BIoCk 27A BIt5ak•27B, 3 5,;� acres outiof Lot 1; Block. 34, a.,portlgn: out of Lotr28, Block .41, Lots 7:14 Block 43, a portion out Of; L;Cts6,B& f4&allof Lots 913 & Biobk. 44' a portion . out of. of Lots 3 `5 all in Pa'i drQ !.slarrti Corpus Christi .Fairway Es Tates, -located west.:. of South Padre .Island i Drive (P:;R; 22). & south ..o•f; Cprnmo-. doves Drive from:the "RS 6"Bingle Faintly 6 District and'".RM- AT Multifafndy Apart=- rrient Tourist District to: the "CR -2 Resort C'. o m:m e r c i:.a 1 District BarrierIsland Business',arnending the Cornp;rehensive PIa'nHto `account; for any deviatLOnS from the :exibtirigiCompre- hen& e' Ian . It is ord was',passed''& approved by the Cor- pus Christi City Councif orf February 28, 2012:' /s7 Armando'Chapa City Secreta