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HomeMy WebLinkAbout025148 ORD - 12/17/2002Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BRIGHTON PARK ASSOCIATES, BY CHANGING THE ZONING MAP IN REFERENCE TO 5.014 ACRES OUT OF LOTS 13 AND 14, SECTION 20, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "F-R" FARM-RURAL DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Brighton Park Associates 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, November 20, 2002, during a meeting of the Planning Commission, and on Tuesday, December 17, 2002, 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, and 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 5.014 acres out of Lots 13 and 14, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on the west side of Airline Road, approximately 650 feet south of Downing Street, from "F-R" Farm-Rural District to "B-I" Neighborhood Business District. The 5.014 acres is described by metes and bounds on the attached Exhibit A. SECTION 2. 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 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, 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 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. \\LEGAL\LAW~LEG-DI R\DoyleDCu rtis'WIYDOCS~2002\P&ZORD02~_oning.ord\DOYLEC~2002~Z 110204A.Brig ht on. PrkAssoc. Ord.App,&PC.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) 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 17th day of December, 2002. City Secretary THE CITY OF CORPUS CHRISTI "-Samuel'~.'"Neal, Jr.' ~/' Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 10 December, 2002 James R. Bray, Jr. City~61[ney /~ ~ . Doyle E~'/~'urtis ~ Senior ,a(ssistant City Attorney \\LEGAL\LAV~ALEG-DIR\DoyleDC u rtisWIYDOCS~2002~P&ZO RD02~Zoning.ord\DOYLEC~2002~Z 110204A. Brig hton. PrkAssoc, OrdApp.&PC.doc Page 3 of 3 Corpus Christi, Texas lr~l'~' ~lay 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, ~;amuel L. Iq~fl'?Jr."' ' ' / ~ Mayor, The City of Corpus Cl~'risti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott \\LEGAL\LAW~LEG-DIR\DoyleDC u rtis~VlYDOCS~2002~P&ZO RD02XZoning .ord\DOYLEC~002~Z110204A. Bdghton. PrkAssoc. Ord,App.&PC.doc 5 8 Mov O1 02 03:03p COBB LUMD~UIST RERLTORS 36185~4~8 p.2 STA'TE OF TEXAS COUNTY OF NUECES BEING THE FIELD NOTES FOR A 5,014 ACRE TRACT, MORE OR LESS, OUT OF A PORTION OF LOT 13 AND LOT 14, SECTION 20, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGE (S) 41,42 AND 43, MAP RECORDS OF NUECES COUNTY, TEXAS. BEGINNING AT A 60D PENNY NAIL FOUND ON THE CENTERL1NE OF MILLINE ROAD FOR THE SOUTHEAST CORNER, THE BRIGHTON PARK ASSOCIATES, RECORDED, ~CH 22, 1985, VOLLrME 1956 PAGE 516 IN THE DEED RECORDs OF NUECES COUNTY, TEXAS, ALSO BEING THE SOUTHEAST CORNER OF SAID TRACT AND POINT OF BEGINNING. THENCE NORTH 61 DEGREES 0! MINUTES 42 SECONDS 45.73 FEET PAss A 51g INCH IRON WEST FOR A DISTANCE OF ROD FOLrND, ON THE WEST R~OW. LINE OF AIRLINE ROAD CONTINUING ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT FOR A TOTAL DISTANCE OF 448.53 FEET TO A FOUND 5/8 INCIt IRON ROD FOUND FOR '/HE SOUTH WEST CORNER OF SAID TRACT; THENCE NORTH 16 DEGREES 06 MINUTES 04 SECONDS EAST ALONG THE WEST BO UNDARY OF BRIGHTON PARK ASSOCIATES FOR A DISTANCE OF 608.73 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID TRACT; THENCE SOUTH 61 DEGREES 02 MINUTES 30 SECONDS EAST ALONG THE NORTH BOUNDARYOF BR.I'GHTON~PAR~ ASSOCIATES FOR A DISTANCE OF 287.50 FEET TO A 60D NAIL SET ON THE OF AIRLINE ROAD, FOR THE NORTHEAST CORNER OF SAID.TRACT; THENCE SOUTH 02 DEGREES 25 MINUTES 00 SECONDS WEST ALONG THE CENTER LINE-OF-A4RLINE ROAI~-FOR A DISTANCE OF 663.50 FEET TO A 60D NAIL FOUND ON THE CENTER LINE OF AIRLINE ROAD AND THE POINT OF BEGINNING CONTAINING 5.014 ACREs, MORE OR LESS. //o z. - 6.,/ EXHIBIT A FINANCE DcPAR,MEN~ 02DEC lO State of Texas } County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4382555 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Dural, 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 HEARING TO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 2ND day(s) of DECEMBER, 2002. $188.26 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of DECEMBER 03, 2002. N~t~r~u-bl~c, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Christi Caller-Times, Monday, December 2, 2002/D7 NOT~ OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday, December 17, 2002, during a regular Council meeting which commences at 2:00 p.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said applications are on file in the Office of the City Secretary and the Department of Planning. At said time and place of hearing, all persons and parties interested may appear before the City Council, The zoning application(s) to be considered at the hearing are as follows; ' 1. 1102-02, Richard P. Hesse: F-R Farm- Rural District to B-4 General Business DistrictLocated on the northeast corner of Rodd Field Road and Yorktown Boulevard. 2. 1102-04, Brighton Park Associates: F-R Farm-Rural District to B-1 Neighborhood B u s i n e s s DistrictLocated on the west side of Airline Road, approximately 650 feet south of Downing Street. 3. 1102-05, David W. and E~aine R. Hoffman: R-lB One-Family Dwelling District to RE Residential Estate DistrictLocated on the north side of G~enoak Drive, approximately 500 feet west of Reita Drive. -~ Information may be obtained by calling the Planning Department Department at 1201 at 880-3560 or visiting the Planning Leopard Street. /s/Armando Chapa City Secretary City of Corpus Christi State of Texas County of Nueces SS~ PUBLISHER'S AFFIDAVIT CITY OF CORPU$_9~.~qTit Ad # 4402061 PO # Before me, the undersigned, a Notary Public, this day personally came Diana_ Hinoj_osa, who being first duly sworn, according to law, says that she is Credit Manager of 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 PAS____SAGE OF ORDINANCE(,qJ which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 23RD_ day(s) of DECE__MBER, ~133.48 TWO (2) Time(s) ,/ Credit Manager Subscribed and sworn to me on the date of DECEMBER_24,200~. Notary Public, Nueces County~ Te~sas ROSA MARIA FLORES Print or Type Name of-Notary Public My commission expires on 04_Q~Z~/05_. ~C~:~pus Christi Caller-Times, Monday, Decembe~ 23, 2002/D~ NOTICE OF PASSAGE OF NO. (~5146 reference to 27.896 acres and .44 acres out of Lots 13and 14, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, from "F- R# Farm-Rural Dwelling District to "R- 1C" One-family District; No. map in to 9.8005 ecm~ out of Lole 15 an¢l 16, Section 25, Flour Bluff and Enctnal Farm and Garden Tracts,' from Farm-Rural District to 'B-4" General Buelness District;, and NO. 025148, changing ~ map in reference to 5.014 acre~ out of Lots ~ 14, Sec~ 20 Flour Bluff and Encina Farm and Garden Tracts from -F.R, Fan~n- Rural District to "B-1 Neighborhood Business District; amendin the ~mprehens~ve Plan deviations from th · x i s t i n Comprehensive Plar I ~'o¥~:~ blt tho City City Secretary City of Corpus Christal