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HomeMy WebLinkAbout026034 ORD - 11/16/2004 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HENRY TUCKER BY CHANGING THE ZONING MAP IN REFERENCE TO 153.51 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 26, LOTS 16, 17, 18,19,28,29,30, AND 31, FROM "F-R" FARM RURAL DISTRICT AND "R-1B" ONE-FAMILY DWELLING DISTRICT TO "R-1B" ONE-FAMILY DWELLING 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 Henry Tucker 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, October 6, 2004, during a meeting of the Planning Commission, and on Tuesday, November 16, 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 153.51 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, lots 16, 17, 18, 19, 28, 29, 30 and 31, located east of Rodd Field Road, north of Slough Road, and South of County Road 26-A (Brooks Road), from "F-R" Farm Rural District and "R-1 B" One-family Dwelling District to "R-1 B" One-family Dwellin9 District, as shown on the attached Exhibit. (Maps 042031, 041031, 042030, and 041030) 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. H:\LEG-DIR\Joseph\Zoning-04\1 004-01 Regular.doc 026034 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 16th day of November, 2004. ATTEST: Armand~ City Secretary APPROVED ,1/~'J<vt~ II /~ t.- (L Joseph Harney .)-- Assistant City Attorney For City Attorney amuel L. eal, Jr. Mayor, The City of Corpus Christi 2004 H:\LEG-DIR\Joseph\Zoning-04\ 1004-01 Regular.doc Page 3 of 3 Corpus Christi, Texas 10r-dayof~~~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, ~-/f.~'~ amuel L. Neal, Jr. S(}. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Brent Chesney fur ~f-- c~ , ' L~~ Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison ~ ~ LltiL u Jesse Noyola cku: () Mark Scott ~ H:\LEG-DIR\Joseph\Zoning-04\ 1004-01 Regular.doc n2Fl034 NO,I-11-2004 13:05 FROM:CITY OF CORPUS CHRIS 3618263560 TO: 98803239 II i ) --",' I i , I : i .Ii i :: ~ EXHIJ;lJr A Application for qh~ nge of Zoning F-R to'~ IB 'Ii: ' Slate of Texas I P.7 . I County of Nueces I Fieldnotes for a 153.51 acre tracl of land, more ot \ 30, and 31, Section 26, Flour Bluff and Encinal F~ recorded in Volume A, Pages 41-43, Map Records; i I ,I . BEGlNNING at a point on the south right-Of-waYf I:'ne of Brool{e Road (County Road 26'A) and the common lot line of Lots 19 and 20, said Sectio 26, for the portheast corner of this tract, from which comer the common comer of Lots I~, . 2, ,19, and 20, said Section 26, bears N 290 00' 00" E 20.00 feet; : I I . \1 i Thence, along said common line of Lots J 9 and ~d and the easlline of this tract, S 290 00' 00" W 2,600.00 feet [0 a point in said common 10llinel or the southeast comer of this tract, from which corner the common corner of Lots 27 and ~l" s~d Section 26, and Lots 4 and 5, Section 25, said Flour Bluff and Encinal Farm and Gardepl' rafts bears S 290 00' 00" W 20.00 feet; Thence along the north Right-of,way line of sloJ~h ROad (County Road 26), N 61000' 00" W 2,48000 feet to a point in the east right-of-way lill! of'Rodd Fior1d Road, for the southerly west comer of this tract, from which corner the comm<?t comer of s~id Lot 31 Section 26, said Lot 1, Section 25, Lot 25, Section 20, and Lot 8, Section r 1, ~aid Flour Bluff and Encinal Farm and Garden Tracts bears S 290 00' 00" W 20.00 feet a1 N 6 I 0 00' 100" W 110.00 feet; , I " Thence along said east right-of-way line N 030 3fi 12'1 E 232.59 feet to a point in said east right- of,way line, for the northerly west comer of this (rilct; i : I I !! I Thence along said east right-of-way line N 290 091joO'[ W, 60.00 feet from and measured perpendicular to the common lot line of said Lots, 1'\6 and 3 I, Section 26, and Lots 24 and 25, said Section 20, 2,140.00 feet to a poinl in said east ri$'i~-of-way line, for the westerly north corner of this tract; , I : j , Thence along said east Right-oF-way line of Rod~ J ielp Road, N 540 27' 48" W 232.59 feet to a point in said south Right-of-way line of Brooke ~ d, for the easterly north comer of this tract, from which comer the common comer of Lots 9 Ii 24, said Section 20 and Lot 16, said Section 26, N 290 00' 00" E 20.00 feet and N 61000' 00'; ! 110.00 feet; I' Thence along said south Right-of-way line of Bn~ Ike Road S 61000' 00" E 2,480.00 feet to the Point of Beginning. I , I I 10 oLf- oil , I, !I , ss; being out of Lots 16,17,18,19,28,29, 4nd Garden Tracts, a map of which is f~ueces County, Texas: ~S~ 1"-1[11)-11-2004 13'06 FR[lI'I,CITY [IF CiJRPUS CHRIC, 36,18263560 " " , u ..... '" '" :J 'E~ -... .9- ~\ 0 ~ " ~ " >- 8- .,- I1l :s~ -)9 ., 0 ...J :=,... ~1; ~ ~ ~ ~ <( u 2a~ <( -EN ., . .,,,, :=~ 0."; o :0 "0 .... (l) a.. (l) ..,... C (U E (0 .- ~ 0;: LU~ T[I'98803239 P.8 ~ Ihl ill ~ - I i. Oil II h I 0, r ; i:= ::E '" '< z r:- --~- -- " · t " ',.. -; : I ~- ( . Q) . . ..:or:: I1l . ...J i ., J:: · i <( OJ !~ ~ <0 'w 1< <0 N ...J N cr: , CD cr: U ..:or:: U ~ 0 ~ 'C e ! 'I -c I1l m , I I1l 0 &. cr: " CD J:: ~ . OJ 0 . ::l 0 0 ... i (f.i m i . i I I . i I . . . . . . . ~Q5~ - {OO l{ 1101 II "'; ~~.n:. or.l'tIli"\ MUi' ,. i1tl"\I'J . 8 ~t\ \\ \ 39 State of Tex~ ~O~ - } County of Nueces ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5042172 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 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 1 ST day(s) of NOVEMBER, 2004. $281.75 bL'CUlO- (fj Uu~.5~ TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of NOVEMBER 02, 2004. (j3 &>0. 't)r){1j]d.LLe::-J-&J/7 rL".-1 Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. . DB/Corpus Christl Caller,Times, Monday, November 1, 2004 -.".., ,~" " ",'it NOTICE OF PUBLI(I HEARING TO CONSIDER ZONING APPLlCATION(S) OF I THE Cl i'( OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi witl conduct a public hearing on Tuesday, November 16, 2004, during a regular Council meeting which commences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said application(s) 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. 0804-04, JJS&A Limited One Partnership (Jack Tucker, Limited Partner): "B-4' General Business District to "A- 1 A" Apartment House District with a PUD-2 "Planned Unit , Development - Locatf3( 130 feet west of Sout~ Staples Street and 42= feet south of Yorktown Road. 2. 1004-01, Henry Tucker: "F-R" Farm-Rural District and "R-1 B" One-family Dwelling District to 'R- 1 B" One-family Dwelling District - Located east of Rodd Field Road, north of Slough Road, and south of County Road 26-A (Brooks Road). 3. 1004-02, Atascosa Land and Cattle, L TO: "R-1 B" One-family Dwelling District to 'B- 1" Neighborhood Business District - Located north of Saratoga Boulevard and 1 ,2QO feet east of Airline Road. 4. 1004- 03, Esperanza Garza! Gail Seal: "R.1B" One- family Dwelling District and "AS" Professional Office District to "'B.1" Neighborhood Business District - Located east of Everhart Road and south of Avalon Street. 5. 1004-05, WH & BH Ltd., Wm. H. Holms Jr.~ "R.1 B" One-family Dwelling District to "B. 4" General Business District - Located east of Everhart Road and south of Avalon Street. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. Is! Armando Chapa . City Secretary City of Corpus Christi , _ ......'Pl', """I"lt[~;;1 '(" ".- t'\i\ I ',' ~tf\h Jt. u"- , " \ 29 f\l'\ g: '38 Sta(}l.~exas County of Nueces PUBLISHER'S AFFIDAVIT ss: CITY OF CORPUS CHRISTI Ad # 5060197 PO # f'"''"'.'''''' 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 Nueces, Refugio, San Patricio, Victoria and Webb Counties, and th publication of, NOTICE OF PASSAGE OF ORDINANCES which the annexe a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 22ND day(s) of NOVEMBER, 2004. $276.25 bL~ ctjUu~.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of NOVEMBER 23, 2004. (~QlfJ /57fJru"tL d(~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public "'~-"..~#." My commission expires on 04/23/05. " Mondav" November 22. 2004 "C ALL R. T I , CE OF PASSAGE OF ORDINANCES o. 026033, Amending the Zoning Ordinance, upon application by JJS&A limited One Partnership (Jack Tucker, Limited, Partnor) by changing I the zoning map in reference to 8.08 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section e, Lots 23 ond 24. from "B-4" General Business Oistrlcttro "A- I A" Apartment House District with a PlJD.2 Planned Unit Development ~; NO. 026034, omendng the Zoning Orctlnance, upon application by Henry Tucker .by changing tho zoning map in reference. to 153.51 acrea out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26. Lalll6, 17, 18. 19, 28, 211,30, and 31, ffOOl'F- R" Farm Rural 0iItrict ond 'R-' B' One-fomlly Dwelling District to "R- I S" One-family Dwelling District, NO. 026035, amending tho Zoning Ordinance, upon applicallon by Atascosa Land and Cattle, ltd. by ch8nging tho zoning map in reference 10 Bass Subdivision, Block 28, Tract N, and a portion of TfIICt hil, from "R-, B" One- family Dwoliinij Di8toict to "B.l" Nei~ Buliness District; NO. 028036, amontllng .. Zoning Ordinanc., upon opplicalon by Elperanzo _ _ GoII Seat by dIongIng the zoning ~ In _to__ i p.... Block 6, 1.OIlI1, 2,_ 36, ffOOl'R-I" Dne-famlly Dw.'~ Oiatrict and . AB Professional Office Dletrlct to -B-1- Ne.lghborhootf -.e.. DIotItrII; and NO. 028037, _II!III!I 4hv ... Zoning 0_, upon _11caI\In ~ WH&BH,Ull.,_ Wm. H. Holm... Jr. ~ I cI10ngIng tho zoning I map in rete.... to . _P....Mo.2, 1!>llonoIon. Blaek C, 1.OIlI6and7.... 1 B' One.f.ml'y' DwoIIlng DlstriGl to"R- ! 1.. One-family I Dwelling Dlstric:twilh. Speciof Ponn~ Ollbjool to oIx (6) 00.-.0; amending the Comprehenstve P_ to account for any deviations from the existing Compro/1on_ Plan. These ordinances were passed and opprovecl by tho City Council of the City of Corpus Christi on November 16, 2004. Is! Annonda Chapa City Secretary City of COrpu_s Christi _ -.. ,