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Home My WebLink About026006 ORD - 10/26/2004 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KIM COX BY CHANGING THE ZONING MAP IN REFERENCE TO 6.59 ACRES OUT OF TRACT 1 IN A DEED TO KIM COX, RECORDED AS DOCUMENT NO. 2003039114 AND BEING A PORTION OF LOTS 13 AND 14, SECTION 55, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL 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 Kim Cox, 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, September 22, 2004, during a meeting of the Planning Commission, and on Tuesday, October 26, 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; 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 6.59 acres out of Tract 1 in a deed to Kim Cox, recorded as Document No. 2003039114 and being a portion of Lots 13 and 14, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast portion of Waldron and Graham Road, from "A-1" Apartment House District and to "B-4" General Business District (Exhibits 1 and 2) (Map 035031) 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. n?f)nOf1 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 26th day of October, 2004. ATTES~ Armando Chapa City Secretary THE CITY OF CORPUS CHR STI /. ~4Y~~ Samuel L. I, Jr. Mayor, The City of Corpus Christi APPROVED October 21, 2004 /1' Ii di .r I( fd~ .~, fU!/IJ~ Mary y Fls er City Attorney Page 3 of 3 Corpus Christi, Texas )p ..?<~- day Of~ 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, Respectfu lIy, ~/ rL -W ~r"4'-r4' - A "'Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Brent Chesney " -4- Llt.v oJ~ ~ (~ (~ ~ ~ Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott r'~r-onf) 10/21/2004 13:22 3518253005 Q ~ It . ~ ~ e ti l\Z I><: \J - ~ ~ ~ z ~ ~ ~ - ~ ~ CITY OF C.C. DEV SER . . @ O."Ql:I NO~a"''''NI t= PAGE 03/03 t:l ~ " - 0'" ~ -~ o '" ~J ~, ~ Vl a ~u la.J :r. ~ C:J <e:i Ci;; ::t ~l: U -~ S~ Q:: c~ a lJ... C) ~.. ~ ~:> ~ :;e: I- .~ '" ~e 1::1i;) it ..... Cl.. lu '<( (0 ~ ll) l,'J (I: ll.. (~ :;i!; " c:s 0) t3 II) <t '0 o :l!: I- l;) _:1Jo ~ U Co;. <Tl fa l::l = '";"- ... I'<""l ,......CD "''' C"J c:n c: = >~ cP~c:7"'-= ::I J:l +-..o)C ~ ~ ", ;s...."'c;; ~ c....,., "".... c;; .... II ~ ~C> e . t,;;J c..~::R CD j 10 ..eo'" eo :,:+:~.r:; 1:' -.",.... lOa qj! .I:~ ..c:"i: en go -.~+-.J:::.""Cl) . ~1 :::>u..... ClI ~ 0-,- . ~:3(1)(.J Q,C;;- 1:1 ~....~~ o Ili~ ~8CL. CD i:l~ ~ c., ~ 1 Ui "--"- .:..tJtl-+ -'-..:I: L:L' ..:ib182b300b . '~lT'/ OF C. C. DEli SER . PAGE 02/03 STATE OF TEXAS COUNTY OF NUECES ~ ~ 6.59-ACRE TRACT FIELD NOTES to describe the boundary of a 6.59 acre tract out of a 15.898 acre tnld described as Tract I in a deed to Kim Cox as recorded in Document #2003039114 of the Official Records, Nueces County, Texas and being a portion of Lot 13 and 14, SectiDn 55, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records.. Nueces County, Texas., said 6.59-a(;re tract being more particularly described by metes and bounds as follows; BEGINNING at a point in the east right of way line of Waldron Road on the south lme of said Lot 13 for the northwest corner of Lot 6, Block 1 Flour Bluff Gardens Unit 2 as recorded in Volume 36, Page 172, Map Records, Nueces County, Texas and the southwest comer of this trad.; THENCE, N-290-00'-00"-E, along said right of way, a distance of 760.00' to a b.:nd point in the west line of this tract; THENCE, N-320-26' -Ol"-E, continuing along said right of way, a distance of 100.18' to a bend point in the west line of this tract; THENCE, N-290-00'-OO"-E, continuing along said right of way, a distance of 90.0n' to the lower northwest comer of this tract, said point being the point of curvature of a curve to the right from which the radius point bears N-290-00' -OO"-E, 10.00', said curve having a central angle of900-00'-00" and a tangent of 10.00'; THENCE. along said curve, an arc length of 15.71' to the point of tangency, said point being in the right of way of Graham Road and the upper northwest corner of this tract; THENCE. S-60o-00'-OO"-E, along said right of way and the north line of said Tract 1, a distance of 284.00' to the northeast corner ofthis tract; THENCE, S-29.-00'-00~-W, a distance of 960.00' to the nonh line of said Lot 6 and the south line of said Tract 1 for the southeast comer of this tract; THENCE, N_610_00'_00"_W, a distance of 300.00' to the POINT OF BEGINNING and containing 6.59 acres of land, more or less. This description is compiled from information of record and does not represent a s'lJlrvey made upon the ground. c..QS~ 0'104 -Dto E.llh.b,~ -.2 COYM, REBMET & GUTIERREZ ENGINEERlNG, INC. Job No. 9656c Page 1 of 1 PUBLISHER'S AFFIDAVIT FIl State of Texas County of Nueces CITY OF CORPUS CHRISTIOl: ri i' ,':1 in: 5~ Ad # 5025224 PO # ss: Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, 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 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 11TH day(s) of OCTOBER, 2004. $254.25 bL'aflO.- cti Uuo-aO.s~ Credit Manager TWO (2 ) Time{s) Subscribed and sworn to me on the date of OCTOBER 12,2004. c:j{({J)i1- /r7f1!2UL ~j" Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Monday, October 11, 2004 OTICE OF PUBLIC HEARING TO CONSIDER ZONING APPlICATIOH(S) OF THE CITY OF CORPUS CHRISTI tice is hereby given in accordance wfth the law that the City Council of the City of Corpus Christi will conduct a public hearing on T_y. October 26, 2004, ~urlng a regular Cc>unc/I meeting _ commences at 10:00 a.m. in the City CouncIl Chambers, City Hall, 1201 Leopard, to conoIder the ,-., zoning appl1ce1lon(s) 01 which .ald appjIcation(s) are on lIlo In the 0fIIce of the City SecrataJy and the Department of Planning. At said _ and pi"", of '-lng, all persons and pertte. interested may appear befofe the City Council. The zon.lng appllc:atlon(s) 10 be con.idered 8t the '-Inga18 as follows: 1. 0804-06, Kim Cox. Trustes: -A-P Apartment House District to -8-4- General Busine.. Distrtct - LocaIOll on the ooutheaot"""", of Waldron and G_ Roads. 2. 0904-07, Eric Zarghouni: "R-l B" One.famlly Dwelling District to "B.1" N e i 9 h.bo rh ood Bum,ss District - Lccated along Ai_ Road and 800 IMI south of Holly Rood. 3. 0904-09, Robert L. _ DahIa SchuIle and E. ==00 Shoemu.: wal 'of Special Use Permit for a Bed and Breakfast Home - Located along Ocean Drive and approximately 200 feet south of Hewftt Drive and 100 feet nortI1 of Ana Plaza Street. 4. 0904-10, Roberi L. and Dahlia Schulte and E. Stanton Shoemaker: Special Use ponnn for a Bed and Breakfast Home with S~ecial Events in a -R-'A One- family DwotItng DIstrIot - Localed along Ocean Drive and approximately 200 feet south of Hewitt Drive and 1 00 feet north of Alta Plaza Drive. Information may be obtained by calling or vlsitlngthe Department of Development Service., Planning Section at (361) 826- i 35e0, 2406 ~ I _. Is! Armando c,.. City s.cr..y City of Coll'Us Christl ".---"-:' ~ .i ': .f". Vlt'r" ~;, \ ' -', ; '.~~\\ul,.. ,., /'. >" ~~\i:~-' State of Tt9\R~)''' ~~ } County of Nueces ) ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5042153 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly swom, 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 1ST day(s) of NOVEMBER, 2004. $138.75 bL'CUlj;L (fj Uuo-JO-5~ TWO (2 ) Time(s) Credit Manager Subscribed and swom to me on the date of NOVEMBER 02.2004. ~~ f~)("l UOv7 rua ~L) Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. D8/C0rpus Chri ~ ". . -, (: ~~' November " 2004 Of OROlNANCES O. 029006, amondlng the Zoning ()rtlInanCO upon applicatiOn by KIm Cox by ~ ... zoning maP 1ft _rencoto6.59_ out of Tract 11". diMd 10 Kim Cox, r8COfded a.. Document No. 2003039114 and_ . portion of Loa 13 and 14, SecIlon 55, Flour Blull and E_ Farm and Gar... Tracts, from -A..;1- Apartment Hous. District to -8-4" General Buslne.. Di.trict; and NO. 02t007, amending .. Zoning Ordinance upon application by Eric Zarghouni by changing the zonirCl map In reference 10 V_gh Ad<IlIIon, Loa 2 and 3, _ 'II- ~~":~ l' Nilghbort\oocl IUI'n... Olatflet; a"'an-dlng- tbe e ~...... ..... lD ....... lor .., ........ '""" .. ~ l' I . tin Q Cu....,.. 1....... ...... Th... ordlftanG.' we r. pae.ed and approved by the CIly CouncIl of iha CIty of CO"... Cllllatl 0f1 0.- 21. al104. laI_a.. ClIr~ C1bofColpt!OChrtall