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HomeMy WebLinkAbout029588 ORD - 08/14/2012Ordinance amending the Unified Development Code ("UDC") upon application by CCLEL Investments, Inc., on behalf of Leer Properties, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 2.30 -acre portion out of Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; 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 CCLEL Investments, Inc., on behalf of Leer Properties, Inc. ("Owner"), for an amendment to the City of Corpus Christi's UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 20, 2012, during a meeting of the Planning Commission, and on Tuesday, August 14, 2012, during a meeting of the City Council, 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 the public health, necessity, convenience and 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. The Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.30 -acre portion out of Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located on the north side of South Padre Island Drive (SH 358) and east of Prince Drive, from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, resulting in a change of future land use from medium density residential to commercial uses (Zoning Map No. 041035). Exhibit "A," which is a metes and bounds description of the Property, and Exhibit "B," which is a location map 'pertaining to the Property, are both attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect the changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 029588 INDEXED SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. 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. 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 meetin s=so that thi ordinan e is passed upon first reading as an emergency measure on this `day of 2012. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe dame Mayor Rezoning Ord CCLEL Investmts LLC v02 20120716 Page 2 of 3 Corpus Christi, Texas I� ry day of 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 Aame Mayor The above ordinance was passed by the following vote: Oti-cCuu Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Rezoning Ord CCLEL Investmts LLC v02 20120716 Page 3 of 3 C295SS STATE OF TEXAS COUNTY OF NUECES THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED 1N NUECES COUNTY, TEXAS, AND BEING A PORTION OF LOT 6, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS SHOWN 13Y MAP RECORDED IN VOLUME A, PAGES 41-43, MAP RECORDS OF NUECES COUNTY, TEXAS, BEING ALL OF THOSE TWO TRACTS DESCRIBED IN WARRANTY DEED RECORDED IN VOLUME 1407, PAGE 211 AND VOLUME 1439, PAGE 678, DEED RECORDS OF NUECES COUNTY, TEXAS, DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND AT TINE SOUTHEAST CORNER OF GULFGATE UNIT 2, AS SHOWN BY MAP RECORDED IN VOLUME 21, PAGE 79, MAP RECORDS OF NUECES COUNTY, TEXAS BEING ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 358 (SOUTH PADRE ISLAND DRIVE). THENCE, ALONG THE EASTERLY LINE OF SAID GULFGATE UNIT 2, NORTH 29 DEGREES 00 MINUTES 00 SECONDS EAST 300.0 FEET TO A 5/8 INCH IRON ROD FOUND, FOR THE SOUTHEAST CORNER OF LOT 2 BLOCK 2 GULFGATE UNIT 2 AND THE POINT OF BEGINNING AND SOUTHWEST CORNER OF THIS TRACT OF LAND; THENCE NORTH 29 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF GULFGATE UNIT 2, FOR A DISTANCE OF 605.19 FEET, TO A 1 INCH IRON PIPE FOUND FOR THE NORTHWEST CORNER OF THIS TRACT THENCE , SOUTH 61 DEGREES 01 MINUTES 20 SECONDS EAST, 165.32 FEET TO A 5/8 INCH IRON ROD FOUNDtON THE EASTERLY LINE OF SAID LOT 6, FOR THE NORTHEAST CORNER. OF THIS TRACT THENCE ALONG SAID EASTERLY LINE OF LOT 6, SOUTH 29 DEGREES 00 MINUTES • 00 SECONDS WEST, 605.19 FEET TO A 5/8 INCH IRON ROD FOUND, SOUTHEAST CORNER OF THIS TRACT THENCE NORTH 61 DEGREES 01 MINUTES 20 SECONDS WEST, 165.32 FEET TO THE POINT OF BEGINNING AND, CONTAINING 100,050 SQUARE FEET, MORE OR LESS. Exhibit A • 0$7.20 i20 ...Pee#6t0 1)eparimelit Of Devi* tnerntSOIVICO-: CASE: 0612-01 1 SUBJECT PROPERTY SubJect Properly Exhibit B 4111111118& D2g50 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 6001417 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 Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 30TH DAY OF JULY, 2012. LEGAL SALES REPRESENTIVE On this ) day of OCtIOer , 200.- I certify that the attached document is a true and an exact copy made by publisher. MICHELLE JOYCE C.ABRERA' My Commission Expires March 19, 2018 Notary Public, `S" ate of Texas • 4E » July,30, 2012 » CALLER :TIMES. Legal Notices 1110 NOTICE OF PUBLIC HEARING TO'CON- SIDER ZONING AIPPLICATION(S} OF THE;CITY OF CORPUS CHRISTI Notice Is hereby .glv- en; that the.Corpus Christi City Council: Willconduct a public hearing on August 14,. 2012: during a regular Council, meet-; ing Which commences. at 12:00: pm in .the. Council. Chambers, City Hall, 1201 Leopard,; to consider the following zoning application(s) which are ori file: in the Office of the City. Secretary & the Dept. of Planning. At said time & place of hear- ing, persons & parties interested may appear before the City Council - 1.. 0612-01, CCLEL Investments,Inc.: Frorn the e "RS -6" Sin- gle -Family 6 in- gle Family'6 District to. the CG -2 Gener- al Commercial District — located on the north side :"of l South Padre Island Drive (SH 358) and east of rinceDive. Information may be obtained by calling or visiting the Dept. of Development. Ser- vices, Planning Section : _:at (36 f) 826-3560, 2406 Leopard St,• /s/ Armando Chapa CitySecretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT D ;Y 531 CITY OF CORPUS CHRISTI Ad # 6003084 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 which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times on the 20th day of August, 2012. LEGAL SALES REPRESENTIVE «total_insertions»Time (s) On this Q day of ethl 'r , 20121 certify that the attached document is a true and an exact copy made b •ublis MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Notary !:J , Sta - . Texas CALLER -1 IMt. mwgust; U, [UIL u SE Legal Notices 1110 -s NOTICE OF`PAS- SAGE OF ORDINANCES' NO 029888, Ordl= riance arnending';tle Unified Development: Code C"U©C°) up, on application by CCLEL Investments, Inc , on: behalf of =Leer Pfop-' ernes, Inc. ( Owner'),' by changging the UDC Zoning Map, in .refer:. ante to a 2.30 :acre portion out of Lot .6, :Section -:13, F.lo;ur Bluff and Enoinat Farm and Garden Tracts from the "RS. 6': Single Farnily 6 District to'the "CG:2" General-.Commerclai t]istrict;`:amending 1.46. -:Comprehensive: Plan to account:;for any dev.,iations from' the existing Compre- tensive Plan; :providing a rePealer clause; providing for penalties'.and provid- ing for publication. This ord. was passed and approved on Au- gust 14,:2012. /s/ Armando Clapa City Secretary