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HomeMy WebLinkAbout029554 ORD - 07/10/2012Ordinance amending the Unified Development Code (UDC), upon application by Saratoga Airline, LLC, by changing the UDC Zoning Map in reference to 2.00 acres of land, more or less, out of Brighton Village Unit 2, Block 14, Lot 3 from the "CG -1" General Commercial District to the "CN -1" Neighborhood Commercial District; 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 Saratoga Airline, LLC, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 23, 2012, during a meeting of the Planning Commission, and on Tuesday, July 10, 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 the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on 2.00 acres of land, more or less, out of Brighton Village Unit 2, Block 14, Lot 3, located on the northwest corner of Airline Road and Downing Street, from the "CG -1" General Commercial District to the 'CN -1" Neighborhood Commercial District (Zoning Map 042032) (Exhibit A — Metes and Bounds Description) (Exhibit B — Location Map). 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 029554 INDEXED Page 2 of 3 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 tfrat this ordin : nc- is passed upon first reading as an emergency measure on this i ay of i.1 ,2012. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Mayor, City of Corpus Christi Page 3 of 3 Corpus Qhristi, Texas 1Qday of TO THE MEMB , 2012 S 0 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. 1/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 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 Joe Adie Mayor, City of Corpus Christi K:IDevelopmentSvcs\SHAREDIZONING CASES10512-01 Saratoga Airline, LLC10512-01 Ordinance, Saratoga Airline LLC, CG -1 to CN -1, FINAL.docx 0254 METES AND BOUNDS DESCRIPTION OF REMAINING PORTION OF LOT 3, BLOCK 14, BRIGHTON VILLAGE UNIT 2 Being 2.00 acres of land, more or less, out of Lot 3, Block 14, Brighton Village Unit 2, as shown in Volume 51, Page 44, Map Records of Nueces County, Texas, and this 2.00 acre tract being more particularly described by metes and bounds as follows: Beginning at the northwest comer of a right-of-way easement described in Document No. 2010030339, Official Public Records ofNueces County, Texas, said comer also being on the north boundary of said Lot 3, the south boundary of Lot 2, Block 14, Brighton Village Unit 2, as shown in Volume 51, Page 44, Map Records of Nueces County, Texas; Thence with the west boundary line of said right-of-way easement, 5 02-23-51 W, 317.26 feet, to a point for corner of said right-of-way easement, same being a point for corner of this herein described tract; Thence S 47-53-54 W, 42.06, feet, with the boundary of said right-of-way easement to a point on the northerly right-of-way of Downing Street, said point being the beginning of a curve to the right; Thence with the northerly right-of-way of Downing Street, and along said curve to the right, having a radius of 516.33 feet, and whose chord bears N 72-16-09 W, 21120 feet, to a point for comer of this herein described tract; Thence with the northerly right-of-way of Downing Street, N 61-00-00 W, 83.74 feet, to a found 5/8 inch iron rod with a red cap stamped "Urban Eng. C.C.,Tx." being the west comer of this herein described tract; Thence N 29-00-00 E, 364.62 feet, to a found 5/8 inch iron rod with a red cap stamped "Urban Eng. C.C.,Tx." on the north boundary of said Lot 3, the south boundary of said Lot 2, and being the north comer of this herein described tract; EXHIBITA 1 of 2 Thence with the common boundary of said Lot 3, and Lot 2, S 61-02-30 E, 162.42 feet, to the Point of Beginning and containing 2.00 acres of land, more or less. Notes: 1) This metes and bounds description is based on an office survey and does not reflect and on the ground survey. 2) Bearings and distances are based on the recorded plat of Lots 2 and 3, Block 14, Brighton Village Unit 2, as shown in Volume 51, Page 44, Map Records of Nueces County, Texas. 3) Other survey documents used to prepare this metes and bounds description include a 7.5 acre plat, being a portion of Lot 3, Block 14, Brighton Village Unit 2 as prepared by Urban Engineering and stamped on 02/02/2011, a survey of Lot 3, Block 14;Brighton Village Unit 2 as prepared by Sample Engineering and stamped on 03/20/2008, and a right-of-way easement as described in Document No. 2010030339, Official Public Records of Nueces County, Texas. EXHIBITA 2of2 To: "CN -1" Neighborhood Commercial Ordinance No. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5998796 PO # DM 4 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 6/25/2012, 6/25/2012. $ 210.24 1Time(s) '171 On this day of , 2 ()VI certify that the attached document is a true and an exact copy made by publi her. LEGAL SALES REPRESENTIVE MICHELLE JOYCE CAVIERA My Commission Explras March 19, 2016 Notary Public, State texas 4E » June 25,2012 a CALLER -TIMES Levi Notices 1110 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby giv- en that the Corpus Christi City Council will conduct a public hearing on July 10, 2012 during a regular Council meeting which commences at 12:00 pm in the Council Chambers, City Hall, 1201 Leop- ard, to consider the following zoning ap- plication(s) which are on file in the Office of the City Secretary & the Dept. of Planning. At said time & place of hearing, persons & parties interested may appear before the City Council: 1. 0512-01, Saratoga Airline, LLC: From the "CG -1" General Commercial District to "CN -1" Neighbor- hood Commercial District - located on the northwest corner of AiOine Road and Dowding Street. 2. 0312-02, Convent Academy of the In- carnate Word: From "RS -4.5' Single -Fam- ily 4.5 District, '`FIS -6" Single Family 6 Dis- trict, and "RM -1" Mul- tifamily 1 District to the "RM -1" Multifami- ly 1 District - located approximately 200 feet to the west of South Staples and along the south side of Lipes Blvd. Information may be obtained by calling or visiting the Dept. of Development Servic- es, Planning Section at (361) 826-3560, 2406 Leopard St. /s/ Armando Chapa City Secertary` ,mt?pg11. v'f State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 6000682 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 , 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patrick), Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 16TH DAY OF JULY, 2012. LEGAL SALES REPRESENTIVE On this 03(day of Q104 , 20(2,1 :certify that the attached document is a true and an exact copy made by publisher. Notary 1 1 4 ••-•••• MICFtELEE JOYCE'CAOREi A' My Commission Expku>Y,.r:' -.March 19, 2018 �i� CALLER -TIMES tc July16, 2012 «5E� Legal Notices 1110 No 02955.4,; Ordi- nance amending the Unified- Development Code (UDC), upon applicationby Sara- toga Airline LLC, by changing the UDC Zoning:,Map In refer- ence to 2.00 acres of land more or less, out: of Brighton Vil- rage Unit 2, Block 14, Lot 3 -from the "CG=1". General Commercial District;: to the "CN -1" Neighborhood Com- mercial District; amending 1he'.Com- prehensive Plan to account for any de- viations from the existing Comprehen- sive Plan broViding a repealer cllause; pro- viding a .penalty; and providing for pUblica- tion. These ::ords. were passed and ap- proved on July 10, 2012.;': /s/ Armando Chapa City Secretary