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HomeMy WebLinkAbout029491 ORD - 05/29/2012Ordinance amending ordinance No. 025197, by removing the "HC -I" Historical -Cultural Landmark Preservation Overlay District, currently referenced in the Unified Development Code ("UDC") as "H" Historic Overlay District, from Lots 10, 11, and 12, Block 9, Oak Park; 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, Oak Park United Methodist Church, located at 878 Oak Park Avenue, suffered a catastrophic fire which damaged the building and main sanctuary. Oak Park United Methodist Church desires to demolish the remaining structures. The UDC requires the removal of the "HC -1" Historical -Cultural Landmark Preservation Overlay District, currently referenced in the UDC as "H" Historic District as established by the UDC, to allow for the demolition of the hazardous remaining structures. WHEREAS, the Planning Commission and the Landmark Commission has each forwarded to the City of Council its reports and recommendations concerning the amending of ordinance No. 025197, attached as Exhibit A. WHEREAS, with proper notice to the public, public hearings were held on Thursday, March 22, 2012, during a meeting of the Landmark Commission, and on Wednesday, May 9, 2012, during a meeting of the Planning Commission, and on Tuesday, May 22, 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 025197 is amended by removing the "HC -1" Historical -Cultural Landmark Preservation Overlay District, currently referenced in the UDC as "H" Historic Overlay District, from Lots 10, 11, and 12, Block 9, Oak Park, located on the southeast corner of Oak Park Avenue and Muller Street therein changing the zoning from that formally known as "R-1B/HC-I" One -Family Dwelling District with Historical -Cultural Landmark Preservation Overlay, currently referenced in the UDC as "RS -6/H" Single -Family Residential 6 District with Historic Overlay, to "RS -6" Single - Family Residential 6 District. 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. 029491 INDEXED Page 2 of 3 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 AtP day of alpl , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Ad me City Secretary Mayor, City of Corpus Christi K:1Legal\SHARED\LEGAL-DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS1Oak ParklArnending Ord.Oak Park United Methodist Church.DWBFinal,doc Page 3 of 3 Corpus Christi, Texas e9rday 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, Respectfully, Council Members .K7,4)4fe-tii,a Joe Ad 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 EF1 CIWE DATE ki h • K:1LegalISHARED\LEGAL-DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMSIOak ParklAmending Ord.Oak Park United Methodist Church.DWBFinal.doc 029491 "OFFICIAL EXCERPT OF" APPROVED MINUTES CITY OF CORPUS CHRISTI "SPECIAL CALLED" LANDMARK COMMISSION MEETING CITY COUNCIL CHAMBERS FEBRUARY 16, 2012 Recommend Approval to Rescind the "H" Historic Zoning Overlay (formerly "H" Historic Cultural) on the Oak Park United Methodist Church located at 878 Oak Park Avenue & Removal of the Church from the Historical Listing to Allow Demolition: Mr. Andrew Dimas, Staff Liaison, addressed the commission. Mr. Dimas stated the commission discussed this item at the January 26, 2012 meeting, but no action was taken because there was not a quorum. The item was placed back on today's agenda so the commission could take action to remove the "H" designation; which would allow demolition of the structure. Mr. Dimas provided brief information for benefit of new commissioners. Mr. Dimas stated the commission was requested to remove the "H" designation from the Oak Park Methodist Church and from the historical listing to allow demolition of the building due to extensive fire damage. Mr. Dimas continued that this property has a base zoning of "RS -6" Single -Family 6 District. Several photographs were shown of the exterior and inside the sanctuary of the Oak Park Church when the designation was previously approved. Mr. Dimas. continued the "H" designation protected the property and demolition cannot take place until the "H" overlay was removed. Mr. Dimas went on to say that when the contractor came to Development Services Department to pull a demolition permit, the permit was not issued because of the "H" designation and the address was flagged in the database. Mr. Dimas stated that Mr. David Lewis, Board Member of the United Methodist Church Conference, was at the January meeting to answer questions. Mr. Dimas continued that fortunately, the recommendation to remove the "H" designation will not have to go through the Planning Commission, but it would be directly forwarded to City Council for action; which would minimize time delays. Mr. Dimas stated that at the January meeting, it was a consensus of members present that the "H" designation be removed. After a brief discussion, the following action was taken: MOTION WAS MADE BY MR. MORRISON AND SECONDED BY MR. OLSON THAT THE LANDMARK COMMISSION APPROVE REMOVING THE "H" DESIGNATION FROM THE OAK PARK UNITED METHODIST CHURCH AND ITS REMOVAL FROM THE HISTORICAL LISTING TO ALLOW DEMOLITION OF THE CHURCH. MOTION PASSED. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5997374 PO # Ltg 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(S) 029491 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 6/4/2012, 6/412012. $ 108.39 1Time(s) LEGAL SALES REPRESENTIVE On this SJ11day of j Wrtt , 2EI2I certify that the attached document is a true and an exact copy made by ubIsher. MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Notary Public, St of Texas L CALLER -TIMES cc June 4, 2012 «3E Leo Notices 1110 NOTICE OF PASSAGE OF ORDINANCE(S) 029491, Ordinance amending Ordinance No. 025197, by re- moving the "FC Historical Cultural Landmark Preserva- tion Overlay District, currently referenced. in the Unified Devel- opment Code ("UDC") as "H" His- toric Overlay District, from Lots 10, 11, and 12, Block 9, Oak Park; amending the comprehensive plan to account for any deviations from the existing comprehen- sive plan; providing a penalty. Thls ordi- nance was passed & approved on May 29, 2012. /s/ Armando Chapa City Secretary