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HomeMy WebLinkAbout026100 ORD - 01/11/2005 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MAY DEVELOPMENT, L.P., BY CHANGING THE ZONING MAP IN REFERENCE TO 1.51 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 28, LOT 12, 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 May Development, L.P. 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 19, 2004, during a meeting of the Planning Commission, and on Tuesday, January 11, 2005 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 1.51 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lot 12, located east of Lexington Road and 400 feet south of South Padre Island Drive, from "A-1" Apartment House District to "B-4" General Business District, as shown on the attached Exhibit A. (039034) 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. H:\LEG~DIR\Joseph\Zoning-04 \ 1204-02 regular.doc W?F1100 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 11th day of January, 2005. ATTE~ ~ Armando Chapa City Secretary . , Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED r/,1IU./_ r/ . Joseph Ha~ JJ.-o~ Assistant City Attorney For City Attorney 2005 EFFECTIVE DATE 1/ If / ~ooS , H:\LEG-DIRlJoseph\Zoning-04 \ 1204-02 regular.doc Page 3 of 3 Corpus Christi, Texas ~ day of \\~....,...2005 TO THE MEM~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, '~~;L~~ ~fJ Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Rex A. Kinnison ~ ~L. O~~ ~ ~ ~ ~- D.1f ~ Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Jesse Noyola Mark Scott H :\LEG-DIRIJoseph\Zoning-04\ 1204-02 regular.doc n~r:1'IO .JAN-4-200S. 12: 30 FROM: CITY ClF CClRPUS CHRIS 3518263560 TO: 98803239 P.4/7 u: u.sAM ENGINEERING OCTOBER 15,2004 JOB NO. 39507.00.00 v' (361 )854-31 0 I PO BOX 6355 . CORPUS CHRISTI. TEXAS 78466-6355 FAX (361)854-6001 RE-ZONED FROM "A-I" TO "B-4" STATE OF TEXAS COUNTY OF NUECES FlELDNOTES for the re-zoning of a 1.5 ] 5 acre tract of land (not based on an on-the-ground survey) out of Lot 12. Section 28. Flour Bluff and Encina] Farm and Garden Tracts. a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas; said] .515 acres of land being more fully described by metes and bounds as follows: BEGINNING at a point on the common boundary of Lots II and] 2. Section 28. said Flour Bluff and Encina] Farm and Garden Tracts, from which point the south corner of Lot 2, Block I. Bridge Pointe Landing, a map of which is recorded in Volume 58, Page I, Map Records ofNueces County, Texas bears North 28'59'44" East, a distance of 162.85 feet; THENCE, South 28-59'44" West, continuing along the common boundary of said Lots] I and 12, a distance of 100.00 feet for the south comer of this tract; THENCE. North 61'00' 16" West, along the south boundary of this tract, a distance of624.99 feet pass the southeast right-of-way line of Lexington Boulevard, a 70 fOOl wide public roadway, in all a total distance of659.99 feet to the centerline of said Lexington Road, for the west comer of this tract; THENCE, North 29'00'00" East, along the centerline of said Lexington Boulevard, a distance of 100.00 feet for the north comer oflhis tract; THENCE, South 6,'00']6" East, along the nOlth boundary of this tract, a distance of35.00 feet pass the southeast boundary of said Lexington Bou]evard, in all a distance of659.98 feet to the POINT OF BEGINNING and containing 1.515 acres of land. Beadngs based on the recorded plat of Lots 2 and 3, Block I, Bridge Pointe Landing, a map of which is recorded in Volume 58, Page I, Map Records ofNueces 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 ENGINEERING ~ ?)~/IIA DAN L. URBAN, R.P.L.S. License No. 4710 2725 SWANTNER DR . CORPUS CHRISTI. TEXAS 78404 mail@urbaneng.com ~f\Se /d-()l.j-6::2. JAN-4-2005 12:31 FROM:CITY OF CORPUS CHRIS 361826356121 .~ 5'!l![~ f~g ~ >-~" Cl l~~; ~fI~ ~ t:llij. 0' ifJ; ~ if -.". (') ~J~ ~ ~ r'~~~ ~ -@t;;l liJ.l fi;! II ~fT] c fits ~~Z AJ ~2fT1rn "lIfT] t~AJ )> -rts z 0(1)(;"(1)0 ~:rCDS~ ~~Z.. .. o 0 CD :'-0 -< _ 1I-t .. ",II' 010 - ::a "'TIUt-Ot -.. 00.. --......0 . -N o 0 9 0 o . o l:1 l:1 i? 'i ::b ~ ~ :::t: ~~~ CIj~q",,..... ~;tl.~~ ~.J7~'~ ~~~V) ~",31~ ~l~~ g t ::J ::J ~ ~ ~ 'X'~Cl..Q;) {l" il' Q '" ~ '" "- if " c; L.t -----iJ"tJ------- N29"OO'OO"E 100.00' ~ o ~~ '>N ;""0 '~ 6'0 til ~ z ~ ~ - ... "' ~:- .....'" ~~ Is:.., ~N Iii ~ S28"59'#'W 100.00' TO: 9881213239 P.5/7 I Lexington Boulevard l:1 -----+------ l:1 N29"OO'OO-r 350.00' i? 'i '" ~ ~ g-> a~~ <:: toO:-<:\.,..... s: a..,':b.~st <:::og.~ ~ ~~ 5t. ". ;t ~""t;'1~ ~1~3= 0;- "'... " l:l ~~~"-.) is' ~",,,,,, ::, g ::-t~ g> <:>. .... ~ <l. ~ ... Sf ~ ..r <ii' if Iii " c; ~ ~~ ~ '" a "" ""~~ ~ i:S~ Oo-\D. - " '" ...., z~-" 51~ co '" ~~~ ~~ QI ~~ ~:-~ ~~ ,,'" . ~"''' -~~ ~<;) ;;: :;:t . x ~~ " ~ ~ !t :fj ... __'--"-L~___ N28"59...., 162.85' Lot 11. Seclion 28 Flour Bluff and Encinal Farm and Garden Tracts Vol. A. Pqs. 41-43, Alap Records of Nueces County, Texas ~~ SQ Ie? D<-{ - (V- "CO" ""TI , I., ~ . l- \,., t i. PUBLISHER'S AFFIDAVIT J"I 10 '" ('. , J J ..~ I j, v' ... .- State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5084516 PO # 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 27TH day(s) of DECEMBER, 2004. $295.50 bL~ qj 0utijO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of DECEMBER 28, 2004. L~OOf:1, YrJ2fUL( cliu2eu Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. :='4: ,...... 004 CALLER.TIMES 12l1'. Monday. December 27, 2 . NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLlCATlON(S) OF! THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City 01 Corpus Christi will conduct a public hearing on Tuesday, January 11, 2005 I 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, aU persons and parties interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as follows: 1. 1204-01, Bay Breeze Development Co., LP.: "F-R" Farm- Rural District to "R-1 C" One-family Dwelting District - Located south of Holly Road and 3f< mile east of Rodd Flel Road. 2. 1204-02, Ma j Development, L.P.:"A ~: 1" Apartment Hous I.', District to "B-4' ~. General Busines f: District - Located eas ~ of Lexington Road an I 400 feet south of Sout . Padre Island Drive. 3, . 1204-03, Colson ' Colson Constructio Company: "A-1B" One- family Dwelling District to "R-2" Multiple Dwelling District - Located north of Llpes Boulevard and 400 feet west of South Staples Street. 4. 1204-04, Aman Ullah: "1-2" Light Industrial District to "B- I 4" General Business . District - Located along ~ the northeast section I of Crosstown, I Expressway and South I Padre Island Drive. 5. REVISED - C1104-02: ! City of Corpus ~hr,ist! ' landmark Commission and Johann Collins: "B- 5" Primary Business District to "B-S" with HC-IV Primary Business District with Historical-Cultural Landmark Classification. Located on the southwest I corner of Chaparral I Street and Palo Alto, Street. 6. C1204-0S,' City of Corpus Christi: "B-2" Bayfront Business District to "8- 5" Primary Business District - Located west of Shoreline Boulevard and north of Aesaca Street. Information may be obtained by calling or visiting the Department of Development Services, Planning I Section at (361) 826- 3560, 2406 Leopard Street. Is! Armando Chapa City Secretary City of Corpus Christi PUBLISHER'S AFFIDAVIT State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5099346 PO # 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 PASSAGE OF ORDINANCES which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the !or!9 "" ..... Wide Web on the Caller-Times Interactive on the 17TH day(s) of JAN~Rt N 0 2005. .. ~ ;po f""1 ::r: " -t - o '" % $309.55 .. VI bL~ ?tjUu~.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of JANUARY 18, 2005. QCklI1 ~ .~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. NOTICE , OF ORDINANCES NO. 0Q6QIle, __ ' ii~el ~ CaIIno..- chIllglng the '0IWlil ._In~1O - A4litIcn. IIIIIIc +4, Lot 8. from 'H Primary BUlin... DIotrict to 'S.5"_ "HC"-IV prima.".. Iluoiness DiSlltc:l _ I Hlstorical-CwUu,.. Lan d m a- ,<< t'. Preservation; NO. 026099, amendinjltho ZOning Ordinance, upon application by .aYBr..ze I Development . Company, L.P., by changing the Zonl,. f :.'l51n.::,": : I JIowc:alutt ~ ~ I ~=s. a~J~~~ Lola 6 th~ 6, """' . .F~A. Farm Ru rol llIolIIct to "R,1C" en. ....~D'-; NO.02InllO,_... the ZOO/ng ~ · :r.: ~~4~0.:'l ". LP., by c:honQlng tho - zoning mar In -.0.101.5 _ out of Flour Bluff IIld Encinal Farm and Go.- Tracta, Section a, LoI12, from "A.l" ADartment HouI. DIstrict to "8."" J General BUlin... ; llIotI1al; NO. 026101, . -g the Zoning 'Ordinance, upon ~on by ~ en d C 0 Iso n Conltructlon l?omrJony, by chonging tho "'ning mop In reference to 15.71 -... 0/ Flour BIuI < ... Encinal Fann 8lnd Go.-T___ S. Lola 25 _ a. """' 'R'la" One.ramlly ~:''ft;~st~ ~'~ DIotrict; NO. 0111 , _ing tho ZonIng Ordinanc., upon - by Amon lAIoh, by chonglog the , Zoning fl!ap In . .....nee to _ Sobdivi8ion, iliooi< 2, Lot 4A. from '~2" UahI lIlduetrial District 10 "II- .... General BUIlIneM ,'. Olatrlet; and NO. I *'03, amending tho Zoning Ordinanc., ~~~ by changing the zoning mop in reforenee 10 Beach Additlon, baing the north hall 0/-' 72,81, _91, from 'Il- , 2' Beyflont ~ J DistrIct to "8.5" p'''''.,y !'JOllltll llWIoi: V _; ; 1ho Cot ~~..... fIIIan to acoounr fOr lny deviations from the eXisting . ComprehenM Pian. These ardln.neet were passed 8,,:,d approved by the. City Council of tho c.ity of Corpus Christi on January ", 2Oll6. /$/ArmondllChapa CIty