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HomeMy WebLinkAbout025749 ORD - 05/11/2004Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PUENTES FAMILY LIMITED PARTNERSHIP, BY CHANGING THE ZONING MAP IN REFERENCE TO 36.36 ACRES OUT OF LOT 6, SECTION 9, BOHEMIAN COLONY LANDS, FROM "R-lB" ONE- FAMILY DWELLING DISTRICT TO "R-lC" ONE-FAMILY DWELLING DISTRICT ON TRACT 1, "AB" PROFESSIONAL OFFICE DISTRICT ON TRACT 2 AND "B-I" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 3; 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 Puentes Family Limited Partnership 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, April 7, 2004, during a meeting of the Planning Commission, and on Tuesday, May 11, 2004, 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; 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 36.36 acres out of Lot 6, Section 9, Bohemian Colony Lands, located along the east side of Kostroyz Road at Masterson Drive, from "R-1B" One-family Dwelling District to "R-lC" One-family Dwelling District on Tract 1, "AB" Professional Office District on Tract 2, and "B-I" Neighborhood Business District on Tract 3. (Map H15A). Metes and bounds descriptions attached as 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 I 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. ¢,25749 Page 2 of 3 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. 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 11 ~h day of May, 2004. ATrEST: ~ Armando Chapa City Secretary tLITY OF C0.[;[PUS CHRIf%TI Mayor, The City of Corpus (~flristi APPROVED /4//% .,-' 2004 By: Joseph a~me;~ Assistant City Attorney For City Attorney H :~_E G-DIR',J OS E P H~.O NIN G-04~_04040ZA. DOC Page 3 of 3 Corpus Christi, Texas ~l'p'- dayof f'~LL~ , 2004 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, Samuel L. N~&,I~.~ ~ ( ~' Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney ~.~.L~/~ Javier D. Colmenero Henw Garre~ ~ ~.~ William Kelly Rex A. Kinnison Jesse Noyola Mark Sco~ H :~_E G4)IRLIOS E P H~.O NIN G~,4~04040ZA DOC MAY-5 200~ 12:~6 (361)B5~-3101 FROM:CITY OF CORPUS CHRIS 5618263560 T0:98805239 P.2~11 URBAN ENGINEERING P.O. BOX 635,5 · CORPUS CHRIS'II, TEXAS 78466-6355 JOB lqo. 37109.A3.00 MARCH 5. 2004 FAX (361 )854-b001 STATE OF TEXAS COUNTY OF NUECES RE-ZONE FIELDNOTES for the re-zoning of a 30.133 a~'e tm~t of land (not based on an on-the groulld sum, u-y) out of Lot 6. Section 9, Bohemian Colony Lands, a map of which is recasded in Volume A, Page 48, Map Records of Nuecm County, Texas; said 30, 133 acre lzact of land being more fidly described by n]cles and bounds ~ fnllowa: COMMENCING at a point on the ca~t boundary of Kostoryz Road (County Road 29), an 80 toot wide public roadway, bcin8 thc west corem- of Lot 39. Block 6, Crastmont Unit 2. a map of which is .,eJ:ordcd in Volume 53. Page 44. Map Records of Nuece~ County, Texas; THENCE, South 28'59'00" Wes~ along the e.a~t boundary of said Kosmryz Road, a dislance of ].389,61 feet THENCE, South 6] '30' 10" Ea~ leaving thc ca~. boundary of said Kostoryz Road, a dL,;lance of 246.47 feet for the POINT OF BEGINNiNG and thc north comer of [hi~ tract; THENCE, South 61'30'10" East, along the north boundary of this tract, a distance of 1,343,53 feel for the THENCE, South 28'59'00" W¢~ along Lhe east boundary of this tract, a dis~nce of 351.g] feet for a como' of this rrm:l; THENCE. South 54'59'25" West, continuing along thc amnt boundary of this ~ a dl~ancu of 659.44 f~:t for the point of curvature ora circular curve to the right whose radius point b~ats North 35'00'35" West, a distanoe of 2§0,00 feet and havthg a c~ntral ungle of 63'30'25% a radius of 250,00 feet, a tangant lm~qh of 154.73 feet, and an are length of 277.10 THENCE, along said circular curve to ~he right, an arc length of 277.10 feet for the point langancy;. THENCE. North 61'30' 10" West, along thc south boundat-/of this tract, a dl:ramce of 822.63 feet for the west comer of this tzant; THENCE, North 28"29'50" East. along thc west bounda~' of this tract, a distance of 1,080.49 feat to the POIN-r OF BEGINNING and containing 30.133 acres of land. Bearings based on the east boundary of Kostoryz Road, as shown on th~ re~onlod plat of Lot 39. Block 6, Crestm0nl Unit 2. a map of which is recorded in Volume 53, Page 44. Map Re~0rds of Nuec~ County, Texas. Unless this Field Notes Desm'iplion, including preambl.,.%~_sea[ and signature, appears in i~ od~l fo~ su~eyor ~sum~ no ~nsibili~ or li~ili~ for i~ a~ oqoq moll~urboneng.cam MAY-S-2004 12:5T FROM:CITY OF CORPUS CHRIS 5618261560 T0:9880~39 Lot 6, colony aohemia~ ,:,,, 48, ~,~,r.,, TeXOs / ~o~o~ o~' vol. '~',~5'~ co~"~ (~61)8,5~-3101 FROM:CITY OF CORPUS C~IS 36182£5560 T0:98803259 P.4/11 EN(51NEERINO P.O. BOX ~x3..~5 · CORPUS CHRISTI, TEXAS JOB NO. 37109.A3.00 MA~CH 5, 2004 FAX (361)854-6001 STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for the re-zoning of a 2.565 acm tract of land (not based on an on-the- ground survey) out of Lot 6, Section 9, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas; said 2.565 acre tract of land being more fully described by metes and bounds as follows: BEGINNING at a point on the southeast boundary of Kostory2 Road (County Road 29), an 80 foot wide public roadway, for the north corner of this tract, from which point the weat corner of Lot 39, Block 6, Crestmont Unit 2, a map of which is recorded in Volume 53, Page 4~, Map Records of Nueces County, Texas, bears North 28'59'00" East, a distance of 1,389.61 feeV. THENCE, South 61'30'10" East, along the north boundary of this Ixact, a distance of 246.47 feet for the east comer of this b-act; THENCE, South 28'29'50" West, along the east boundary of this tract, a distance of 449.89 feet for the south comer of this tract; TI-[ENCE, North 61 '30' l 0" West, along the south boundary of this tract, a distance of 250.28 feet to the southeast boundary of the above mentioned Kostoryz Road, for the west corner of this tract; THENCE, North 28"59'00" East, along thc southeast boundary of said Kostoryz Road, same bring the wesl boundary of this tract, a distance of 449.91 feet to the POINT OF BEGINNING and containing 2.565 acres of land. Bearings based on the southeast boundary of Kostory2 Road, as shown on the recorded plat of Lot 39, Block 6, Crestmont Unit 2, a map of which is recorded in Volume 53, Page 44, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its original form, surveyor assumes no responsibility or liability for its accuracy. ~ URBAN I~NG[NEERING ~/~.- ~k..U. _R.~..A.N.. ,~) DAN L. URBAN, R.P.L.S. ,~4~ License No. 47 ]0 liar-S a004 1a:39 FROrd:CIT? OF (ORPU% CHRIS 3618a~3560 TO:gS803a39 P.Sxll '~ Kos_~oryz Rood ~ N28'59'OO'E 449.91' A~ 8'29'50'W Lorlu 449.89' Map to Accompany MAY-5-2004 12:40 FROM:CITY OF CORPUS CHRIS 5618263560 T0:98805239 P.6×11 (361)854-3101 EN(31NE ERIN(3 P,O, BOX 6355 · CORPUS CHRISTI, TEXAS 78466-6,355 JOB NO. 37109.A3.00 MARCH 5, 2004 FAX (361)8,54 ~:~01 STATE OF TEXA~ COUNTY OF NUECES RE-ZONE FIELDNOTES for the re-zoning of a 3.662 acre tract of land (not based on an on-the- ground survey) out of Lot 6, Section 9, Bohemian Colony Lands, a map of which is recorded ia Volume A, Page 48, Map Records of Nueces County, Texas; said 3.662 acre ~act of land bein8 more fully described by metes and bounds as follows: BEGINNING at a point on the southeast boundary of Kostoryz Road (County Road 29), an 80 foot wide public roadway, for the north comer of this tract, from which point the west comer of Lot 39, Block 6, Crestmont Unit 2, a map of which is recorded in Volume 53, Page 44, Map Records of Nueces County, Texas, bears North 28'59'00" East, a distance of 1,839.52 feet; THENCE, South 61 '30"10" East, along the north boundary of this tract, a distance of 250.28 feet for the east comer of this tract; THENCE, South 28'29'50" West, along the east boundary of this tract, a distance of 630.60 feet for the south comer of this txact; THENCE, Noah 61 '30'10'" West, along the south boundary of this tract, a distance of 255.63 fca to the southeast boundary of the above mentioned Kostoryz Road, for the west comer &this txaet; THENCE, Noah 28'59'00' East, along the southeast boundary of said Kostory~ Road, same bein8 the west boundm'y of this ~xact, a distance of 630.62 feet to the POINT OF BEGINNING and containing 3.662 acres of land. Bearings based on the southeast boundary of Kostory'z Road, as shown on the recorded plat of Lot 39. Block 6, Crestmont Unit 2, a map of which is recorded in Volume 53, Page 44. Map Records of Nuecos County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its original form, surveyor assumes no responslbilily or liability for its accuracy. URBAN ENGIIKEERING DAN L. UR_BAN, R_P.L.S_ License No. 4710 2725 SWANTNER DR. · CORPUS CHRISTI, TEXAS 715404 S :~Su rveyingL37109~0000LFN371090000-1 .doc moll@urbanong,com MAY-5-2004 12:41 FROM:CITY OF CORPUS C~IS 56182E5560 T0:98803~59 P.?/ll S28'29'50'W 630.60" Map to Accompany State of Tcxas County of Nueces PUBLISHER'S AFFIDAVIT SS: CITY OF CORPUS CHRISTI Ad # 4874572 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 Calle~Times, a daily newspaper published at Corpus Christi in saki City and State, generally circulated in Aransas, Bee, Brooks Duval, J~m 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 Coqous Christi CalleFT~mes and on the World Wide Web on the Caller-Times Interactive on the 26TH day(s) of APRIL, 2004. $317.50 TWO (2) Time(s Credit Manager Subscribed and sworn to me on the date of APRIL 27, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. m)l¥ md'~- State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4894481 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 ORDINANCES 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 17TH day(s} of MAY, 2004. $306.50 TWO (2) Time(s Credit Manager Subscribed and sworn to me on the date of MAY 18, 2004. Notary Public, County, Texas ROSA MARIA Print or Type Name of Notary Public My commission expires on 04/23/05. NOTICE OF PASSAGE OF ORDINANCES NO. 025748, amending the Zoning O~:llnance, upon app~tcal~on by Yorklown 0~o J~ Venture,, by cheung U3e zoning map in - 'R-lC' Or~-Famiiy ~ cflangk~g It~ zo~g  D~ to 'R-lC' ~ F~i~ ~ ~ upon ap~catlo~ by ¢tlangtng tile zoning were paesed and ~ by ~ CW