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HomeMy WebLinkAbout029463 ORD - 04/24/2012Ordinance amending Zoning Ordinance 029044, upon application by The NRP Group, by adding a twenty-four (24) month time extension to the special permit time limit initially approved; 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 NRP Group requested, prior to the initial special permit expiration date provided by Zoning Ordinance 029044, see attached, a twenty-four (24) month extension of the eighteen (18) month special permit time limit initially approved, therein requesting a total time limit of forty-two (42) months; WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of The NRP Group for amendment to the special permit time limit provided in Zoning Ordinance 029044; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 14, 2012, during a meeting of the Planning Commission, and on Tuesday, April 24, 2012, during a meeting of the City Council, in 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, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Zoning Ordinance 029044 is amended by adding a twenty-four (24) month time extension to the eighteen (18) month special permit time limit initially approved, thus extending the total special permit time limit to forty-two (42) months. SECTION 2. That the Unified Development Code (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 3. That to the extent that this amendment represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed.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 6. 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. 029463 INDEXED Page 2 of 3 SECTION 7. That this twenty-four (24) month time extension shall take effect from the original effective date of Zoning Ordinance 029044. 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 ordinace is passed upon first reading as an emergency measure on this a` day of ALL , 2012. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Mayor, City of Corpus Christi APPROVED AS TO FORM: This J day of Borah Walther Brown Assistant City Attorney For City Attorney K:IDevelopmentSvcs\SHARED\ZONING CASES10311-02 The NRP Group.SP Time Extension Request10311-02 Ordinance, The NRP Group, I -LSP Time Ext FINALdocx Page 3 of 3 Corpus Christi, Texas a4-0day of , 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, Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler �� u Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Respectfully, Joe Ade Mayor, City of Corpus Christi K:IDevelopmentSvcs\SHARED\ZONING CASESI0311-02 The NRP Group.SP Time Extension Request10311-02 Ordinance, The NRP Group, I-3_SP Time Ext FINAL.docx 029463 Forest Park Add 7 6 8 5 9 4 10 0 3 11 2 12 1 RM -3 11 4 3 1 5 2 TERESA TERRACE 18 2BR 1 ci LEOPARD ST 1-5 NELS 1-A 8 A SJECT PROPERTY PORT AVE P ?OP RS -6 HOLLY CROSS CEMETARY - EX 400 2 CASE: 0311-02 Planning Commission & Staff Recommendation: Approval of the Special Permit time extension. Ordinance No.: 3 800 Feet 3 0 HAW 8 s 6ff29/2012 SASH AND DOF3 aepartmgi ofrievefopme tServfhes SUBJECT PROPERTY N LOCATION MAP Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE NRP GROUP, BY CHANGING THE ZONING MAP IN REFERENCE TO HAWN TRACT, LOTS D & E, AND A PORTION OF LOT C, LOCATED BETWEEN LEOPARD STREET AND LIPAN STREET ALONG THE EAST SIDE OF PALM DRIVE, FROM THE "1-3" HEAVY INDUSTRIAL DISTRICT TO THE "I-31SP" HEAVY INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT AND TWO (2) CONDITIONS, NOT RESULTING IN A CHANGE OF FUTURE LAND 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 The NRP Group, 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, March 16, 2011, during a meeting of the Planning Commission, and on Tuesday, April 26, 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 Hawn Tract, Lots D & E, and a portion of Lot C, located, between Leopard Street and Lipan Street along the east side of Palm Drive, from the "1-3" Heavy Industrial District to the "I-3/SP" Heavy industrial District with a Special Permit and two (2) conditions, not resulting in a change of future land use (Zoning Map 042,036) (Exhibit A -"Applicant's Request": Exhibit B- "Planning Commission's Request"). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following two (2) conditions: 1.) Uses: All uses in the "1-3" Heavy Industrial District, plus the allowance of a 120 unit multi -family residential complex. 029044 H:1LEG-DIRIShared\LEGAL-DEV_SVCS12011 Agendal4 26-111The NRP Group (The Palms @ Leopard)104.14.11.0311-02 Ordinance (PC Rec 1-3 to I-3-SP)_1 DWBFinal.doc iMr XED Page 2 of 3 2.) Time Limit: Such a Special Permit shall be deemed to have expired within eighteen (18) months of the date of this ordinance, unless the property is being used as outlined in Condition # 1. SECTION 3. 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 4. 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 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. 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 8. 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 9. 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 sotat this o finance is passed upon first reading as an emergency measure on this .2 day ofii,k , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Mayor, City of Corpus Christi APPROVED AS TO FORM: This r r day of , 2011 rah Walther Brown ssistant City Attorney For City Attorney H:ILEG-DIRRShared\LEGAL-DEV.SVCS12011 Agenda~-28-11\The NRP Group (The Palms Q Leopard)104.14.11.0311-02 Ordinance (PC Rec 1-3 to E -3 -SP) 1DWBFInal.doc Page 3 of 3 Corpus Christi, Texas day of !fi" , 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. .11401)f Kevin Kieschnick Priscilla O. Leal John E. Marez A4C' Nelda Martinez Mark Scott Linda Strong 029044 H:1LEG-DIR1Shared\LEGAL-DEV,SVCS12011 Agendal4-26-111The NRP Group (The Palms Leopard)l04.14.11.0311-02 Ordinance (PC Rec 1-3 to 1-3-SP)_1 DWBFInal.doc 'Per44t Pork Oct 7 6 8 5 9 4 10 3 11 2' 5 4 3 2 8rER._ $42141tPA. E &EOtARQ sr 1-M R '10.14.1.1f eltOS$ CifMETA r , 5 2 3 0 8 HAWN IRAQ ' F 1 3 SPAN sr 3 A 1 2 SUBJECT PROPERTY PORT' AVE Pfta 6 YEA I oo AAf4 AtED. DOOR CO ritseT _ARO DePOrtment KS CASE: 0311-02 EXHIBIT A APPLICANT'S REQUEST FROM: 1-3 TO: B-5 ORDINANCE NO. CHANNEL Carpus CMM( May $(BJECT PROPERTY N W JLOOATION MAP Uwe chi Itot<eat leek 4 fit T. 6 8 5 9 4 10 1 3 11 2 .12 1-2 1 8 9 It,a 10 4 11. 12 3 LPPAW sr 11 R31 Qtk.r CROSS 0E14E1-ARV' a EX 480 3 4 2 2 16 ran SA2 itA e: LEOPARD ST 0 SUBJECT PROPERTY FORT AVE 1 PROP 2 3 CASE. 0311-02 EXHIBIT B PLANNING COMMISSION'S REQUEST FROM: 1-3 TO I-3/SP ORDINANCE NO. litArelooSASHAND RCOR CA rttA•CT aFOBt 8 5 Depetment pt DovBfopR7pttt$ qlor State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5994399 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. 029463which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/30/2012, 4/30/2012. $ 99.66 LEGAL SALES REPRESENTIVE 1Time(s) On this3� . day o , 20 01 -certify that the attached document is a true and an exact copy ade by p blisher. MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Notary blic, St o Texas pril .p, 2012* CALLER -TIMES Notices 1110 POAi3 fINAIS. GECEOF" , NO 028463, Amend- ing the Zoning Orsi. X28044 -,,=upon appii,` canon e.y tiro NRP Group, 6.y adding -.6 'twenty-four (24) Month time extension to the Sp�ecial Permit tints iirnit ;initiaEly ap proved: amending tie Comprehensive Pan to account., for any deviations.•from' the existtn_g Compre- henslve;;P: Ian ThIs ord waspassed;& approved. by the Cor- pus ,Christi City Council on ApriI 24, 2012. •/s/ Armando Chapa City Secretary