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HomeMy WebLinkAbout025369 ORD - 07/08/2003Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GENE GRAHAM/OAK PROPERTIES, BY CHANGING THE ZONING MAP IN REFERENCE TO 25.56 ACRES OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 48, LOTS 29 THROUGH 32, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "RE" RESIDENTIAL ESTATE 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 Gene Graham/Oak Properties for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public1 public hearings were held on Wednesday, May 21,2003, during a meeting of the Planning Commission, and on Tuesday, July 8, 2003, 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 25.56 acres of Lots 29 through 32, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located north of Don Patricio Road, south of Meeks Road, and east of Flour Bluff Drive, from "R-1B" One-family Dwelling District to "RE" Residential Estate District (Map G18C), as shown and described in 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, 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 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. \\CLSTR I_USERS2_SERVER\USERS2XLEG-DIR\J OSEPH~ONIN G\0503-06REGULAR-DOC O25369 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 8th day of July, 2003. ATTEST: Armand~' City Secretary THE CITY OF CORPUS CHRISTI Samuel L. Ne~l, Jr.' - / (,./ Mayor, The City of Corpus Christi APPROVED U/,.,/,I ¢ JosephH r~n~ Assistant City Attorney For City Attorney 2OO3 H:\LEG-DIR\JOSE PH~ZONING\0503-06REGULAR.DOC Page 3 of 3 Corpus Christi, Texas ~ day of ~-~l~,, 2003 I 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. RespecCully, RespecEully, Samuel L. ea, Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney O.~ ~,.~ Javier D. Colmenero ~.~'~ Melody Cooper Henry Garrett O~,-~. William Kelly (~_~-~' Rex A. Kinnison (~_~'~ Jesse Noyola Mark Scott J H:\LEG-DIR\JOSEPH~ONING\0503-06REGULAR,DOC 025369 6-19-203 11 :52AM FROM PLANNING B12 889 3BE~¢ P. 2 J ENGINEERING (36 ])854-3101 STA'I~ OF TI~XA.S COUNTY OF NU~CES PO, BOX 655~. COR~U~::~{~t,~, '(ExAS 78466-6355 Case: 0503-06 FAX (361 )854-6001 Fi:ldmotcs a 25,$6 e. cre ~.~t of land be/ng all of Lot 29 and a portion of Lot 30, Seetio~ 48, Flour Bluff and Encina! Farm and G~rden Tracts, a map of wi'rich is recorded in Volume "A'. Pages 41 thru 43, Map Records of Nue,¢s Cotmty, Texas; said 25.56 acre tract being more fully described as follows: Beginning at a point on the eenterline ofDo~ Patricio Road for the west comer of Lot 28, Section 48, sam Flour BIulT lind l~cinal Farm and Garden Tracts, for the south comer of said Lot 29, Section 48 and for the south comer of th/s lract; Thence, North 61 °0 I'50" West, with the eentedine of said Don Patricio Road, same I~ing the southwest boundary of said Lot 29 and of this tract, 660.00 feet for the south comer of Lot 30, Section 48, said Flour Bluff and Enclrual Farm and Garden Tracts, for the west comer of said Lo~ 29 a~d a earner of this tract; Thence, North 29°00'27" East, with the common boundary of said Lots 29 and 30, same being ~he southwes~rly boundary of this truer, at 20.00 feet pass the exSsting northeast boundary of Don Patri¢io Road, m all a total d/starme of 659.47 feet for an interior comer ofth/s tract; Thence, North 61'03'33" West, continuing wili~ the southwesterly botmdary of this tract, 367.8t feet for the west comer of tl~s Thence, North 2g°55'38'' East, with the northwest boundary oft}tis tract, 299.63 feet for a comer of this tract; The~ace, North 29°39'59'' East, conm~umg with the northwest bmmda~ ofth/s tract, 60.00 feet for a comer of th/$ tram; Ti~ence, North 28°55'38'' Frost, continuing with the northwest boundary of this tract, 300.32 feet to a point on the common boundary of said Lot 30 and Lot 19, S~tion 48, said Flour Bluff mad Enci~.l Farm and Garden Tracts, for the north comer of this u-act; Thence, South 61 °10'46" East, with the common bou.nd,at'y of said Lots 19 and 30, a distsaaee of 37,96 feet for the south comer of a tract described m Document No. 1 t.~8014921, Official Public Records of Nueces County, Texas, for the west comer of Lot 3, Mceks Place, a map of which is recorded in Volume 31, Page 60, lvl~p Records of Nueces County., Texas and for a comer of this tract; The-nee South 61~02'45'' East, with the common boundary of said Lot 29, Section 48 and said Lot 3, Meeks Place, at 330.0~ feet pa~s the south comer of said Lot 3, Meeks Place, same being the w~t comer of Meeks Road, a public roadway desmbed in Volume 1116, Pages 101 to 105, Deed Re~ords of Nuoces County, Iexaa and continuing South 61°02'45' East, wifla the northeast botmdary of said Lot 29, Section 48, at 360.00 feet pass th~ south comer of said Meeks Road, same bein~ the west comer of Lot 4, W,E. l:'la~:e, a map of which is re~orded in Volume 32, Page 27, Map Records of Nueees Coonty, Texas and continuing South 61°02'45" East, with the common boundary of said Lot 29~ Section 48 and said Lot 4, W E Place, in ali a fetal distance of 989.81 feet for the common earner of said Lot 4~ Meeks Place~ of said Lots 28 and 29, Section 48 and of Lot 21, Section 48, said Flour Bhiffand Encimal Fmma and Garden Tracts for the east comer of th/s tract; Then~, South 28059'58,, West, with the common boundary of said Lots 28 and 29, Section 48, same being the southeast botmdary of rahis ~act, at 1299.60 feet pass the existing northeast botmda~y of Don Patdeio Road, in all a total distance of 1319.60 feet to the Point of Beginning and eontairfing 25.56 acres of land, Beatings based on the southeast right-of-way of Flour BluffDrive, same being the northwest boundary of Conol!y Subdiv/sion, as monumemed on the ground and shown as North 29°00'00'' East on the recorded map of Connoly Subd/,.4sion, a map of which is recorded in Volume 42 Page 77, Map ReCords of Nueees Count,/, Texas Unless this Field Notes Description, including preamble, seal and signature, appears in its enth-ety, m its original form, surveyor assumes no responsibility or liability tbr its aocuraey, License No, 4909 C:'~SD~PROJ~'~7~0~l~E~3?407~'i-zc*nir~-tr~¢(~.) 2725 SWANTNER DR ,,CORPtJ$CH~ISTI, TE)~AS 78404 moil~urbaneng.com /~tt~rhm~nf 6-19-283 11:55~H FRQ~4 PLANNING B12 SBA B59~ · ,00'099 C]VO~I OlOl~J. Ycl NCX3 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces SS: CITY OF CORPUS CHRISTI Ad # 4605165 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, 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 PASSAGE OF ORDINANCE(S}: 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 14TH day(s} of JULY, 2003. $105.01 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of ~ JULY 15, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. DS/Corpus Chris~ Caller-Times, Monday, July 14, 2003 NOTICE OF PASSAGE OF ORDINANCE(S): NO. 025369, changing the zoning map in reference to 25.56 acres of Flour Bluff and Encinal Farm and Garden Tracts, Section 48, Lots 29 through 32, from "R-lB" One- Family Dwelling District to "RE" Residential Estate District; NO. 025370, changing the zoning map in reference to Don Patricio Subdivision, Block A, Lets 1, 2, 3, 50, 51 and 52 from "R- lB" One-Family Dwelling Distdct to "B- 1· Neighborhood Business District,i amending the~ Comprehensive Plan '~ to account for any~ deviations from the~ e x i s t i n gl Comprehensive Plan. These ordinances were! passed and approved'~ by the City Council of1 the City of Corpus! Christi on July 8,i 2003. /s/Armando Chapa C~ Secmta~ State of Texas County of Nueces PUBLISHER'S AFFIDAVIT SS~ CITY OF CORPUS CHRISTI Ad # 4581936 PO # Before me, the undersigned, Hinoiosa, who being first dui Manager of the Corpus Ch~ Corpus Christi in said City Brooks, Duval, Jim Hogg, Nueces, Refugio, San Patri publication of, NOTICE OF copy, was inserted in the C. Web on the Caller-Times Inte $206.02 TWO (2) Time(s) a Notary Public, this day personally came Diana z sworn, according to law, says that she is Credit sti Caller-Times, a daily newspaper published at and State, generally circulated in Aransas, Bee, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, :lo, Victoria and Webb Counties, and that the )UBLIC HEARING TO which the annexed is a true )rpus Christi Caller-Times and on the World Wide 'active on the 23RD day(s) of JUNE, 2003. Credit Manager Subscribed and sworn to me on the date of JUNE 24, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corp ~s Chris~ .~aller-Times, Monday, Jl~e 23, 2003/D9 Council of the City of Corpus Christi will conduct a public hearing on Tuesday, July 8, 2003, cluing a · regular Council meeting which commences at 2:00 ~.m. in the City council hambers, City Hall, 1201 Leopard, to of ttm City argl the Departmem of Det'ek~pment Serv~es. of hearing, all persons may appear before the City Council. The zon~g app,catio~e) to be Coeeipered a~ the hearing are as fo~k)ws: 1. 0503-06, Gene Graham/Oak Prope~es: "R-1B' One- family Dwelling to "RE' Resibeflltal north of Don Pa~icio Road, and east of Flour Bluff Drive. 050~07, Texas Pin/xus Ug~t lndusthal Dimdct to 'R-2" Multiple Dwelling District- Looated between Bear Lane, Brownsville Road, and South Navigatio~ Boulevard. 3. C503-09, Dante J. & Robert J. Thornton: "R- lB' One-family Dwelling District to 'B- 1" Neighborhood Business District- Located on the southwest corner of Don Patricio and Waldron Roads. information may be obtained by calling the Department of Development Services at 826-3560 or visiting the Department of Development Services Texas. /s/Armando Chape