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Home My WebLink About026101 ORD - 01/11/2005 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY COLSON AND COLSON CONSTRUCTION COMPANY, BY CHANGING THE ZONING MAP IN REFERENCE TO 15.71 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 5, LOTS 25 AND 26, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE 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 Colson and Colson Construction Company 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 15,71 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 5, Lots 25 and 26, located north of Lipes Boulevard and 400 feet west of South Staples Street, from "R-1 B" One-family Dwelling District to "R-2" Multiple Dwelling District, as shown on the attached Exhibit. (044032, 045032) 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-DI R\Joseph\Zoning-04\ 1204-03 regular,doc {),?R11J1 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. ATTEST~ Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI ~~~~ , Samuel L. eal, Jr. ' Mayor, The City of Corpus Christi APPROVED r 4,.~, t/ . ~ fJ-." Joseph Ha ey 0 Assistant City Attorney For City Attorney 2005 EFFECTIVE DATE 11/1/2-005 I , H :\LEG-DIRIJoseph\Zoning-04\ 1204-03 regulardoc Page 3 of 3 Corpus Christe' Texas ll:!::.- day of , 2005 TO THE MEM ERS 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, 6~,r~~~ ~ / Samuel L. Ne I, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Mark Scott ~~ ~ ~ ~ ~ ~ ~ ~ ~ Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola H :\LEG-DIR\Joseph\Zoning-04\ 1204-03 regular.doc W?RlIi1 JAN-4-2005 12:32 FROM:CITY OF CORPUS CHRIS 351e253550 TO: 98803239 P.5/7 LEGAL DESCRIPTION 23.61 ACRES Being a tract of land situated in the City of Corpus Christi, Nueces County, Texas, and being out of Lots 23,24,25 and 26, Section 5, Flour Bluff and Encinal Fann and Garden Tracts, a map of which is recorded in Volume A, page 41 Map Records ofNueces County, Texas, and being more particularly described as follows: BEGINNING at a point in the south line of said Lot 26 same being in the centerline of Lipes Boulevard and being at the intersection of said centerline with the southerly projection of the east line of Crossgate, an addition to the City of Corpus Christi, Texas according to the plat recorded in Volume 46, Page 247, Map Records of Nueces County, Texas; THENCE N 29002'00"E and passing a 5/8" iron rod found for the southeast comer of Lot I, Block 126 of said Crossgate addition at a distance of30.00 feet and continuing with the east line of Cross gate addition for a total distance of 1400.94 feet to the southwest comer of Lot I, Block I of Wilde Subdivision an addition to the City of Corpus Christi, Texas, according to the plat recorded at Volume 58, Page 195 Map Records ofNueces County, Texas; THENCE S 61000'45" E departing the east line of Cross gate addition and with the south line of said Wilde Subdivision, for a distance of 732,87 feet to a point; THENCE S 28054'40" W for a distance of 1400.04 feet to a point in the centerline of Lipes Boulevard; THENCE N 61004'58" W with the centerline of Lipes Boulevard for a distance of 735.86 feet to the POINT OF BEGINNING and containing 23.61 acres ofland, more or less. Ct\ se Id-.Ol\-05 /' JAN-4-2005 12:33 FROM:CITY OF CORPUS CHRIS 3618253550 TO: 98803239 I ~ s. ';! '" <:> '^ ~ ~ ! , ~ ~ , e e e e e a e I 8 , ~ , - " ~ ; '" ..-- ~ (50') I i (.<;Q'~ll .10r.17~.lWSJ ; I~ , .~ ~ ~ ; 'S! - ~ .- , 9 (j s.. " :!~ ';! ~ . I . ~ I; ~S " ; i~~~s a ....__ a:~ i 0<..1 Q:~ ~~bt-<Cl:;~ ~, ~ U ~ '" a '" , OJ) = .... .... ~ ~ fI.l ~ .- ~ a ~I I:! i 13 SU-"t& Q,. P ~lIjy "'1 , ~.... :J.~''''r.J.1I Ii J007lJ I J01 R ffh'6UKOOt/ lNJ",rr~ ."'. SlJJNlJO' !.wmoJ,s I ~,,'l ;1 '" !I~ . , ~ 5]NJy-t,'e S3l1::JY 19'O 16i ~~~~':J,::;~'P 3f'/ NOI1 ~JO~O aSI I.J.SI~I-IJ Sndt:JO:J ').VM-,JO-1H91C1 'l':)"N'~'" 0' j :J~d '."., ]IYf'I7()1, j ;,,:;)018 'j 101 'I JIHfl No/swosns 3!JN3H.3NOl!> P.7/7 ~B ~ i!&! ~ ~ > ~~ 8 !sa "~~Ill. ~ (j = ~ .- ~ ~ .... = ~ ~I ~i ~I .... .~ s.. .cl U ~ CI. s.. o U CJ.\ <;R ~64-0 3 .... CO' I [:"'TI' , f.. ~. L... t.., t ,_" PUBLISHER'S AFFIDAVIT J"., 10 .,. r , J )\.1 i 1, 0: l-t..; State of Texas County of Nueccs 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'CUW- ?tj 0uliJO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of DECEMBER 28, 2004. :~~ CL1r:\, n21.iv4.. ~:t'u2eu Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. .::'4: T..... 2004 CALLER.TIMES 121li.Monday. December 27, . NOTICE OF PUBLIC HEARING TO CONSIDER ZONING , APPLlCATION(S) OF I I THE CITY OF CORPUS CHRISTI I Notice is hereby given in accordance with the I law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday, January 11, 2005 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 heanng, 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. 1204-01, Bay Breeze Development Co., L.P.: ,oF-A" Farm* Aural District to "R-1 C" One-family Dwelling District - Located sout of Holly Road and .y, mile east of Rodd Fiel Road. 2. 1204-02, Ma Development, L.P.:"A r~ 1" Apartment ~ous ~,\ District to B-4 ~; General Busines ,; District - Located eas @ of Lexington Road an I' 400 feet south of Sout , Padre Island Drive. 3 ' . 1204*03, Colson . ,Colson Constructio Company: "R-1 B" 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- 4" General Business District. Located along the northeast section of Crosstown! Expressway and South ; Padre Island Drive. 5. I REVISED - C1104-02, I City of Corpus <?hr.isti Landmark Commission and Johann Collins: "B- 5" Primary Business District to "B.5" with HC-IV Primary Business District with Historical-Cultural Landmark Classification - Located on the southwest corner of Chaparral Street and Palo Alto Street. 6. C1204-05, I City of corpus, Christi: "B-2" Bayfront Business Distnct to "B- 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 Section at (361) 826- 3560, 2406 Leopard Street. Isl Armando Chapa City Secretary City of Co~~ 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 ~orj1 .." ..... ::0 Wide Web on the Caller-Times Interactive on the 17TH day(s) of JAN~R~\ N 0 .. . r :z- f'71 :II: c-> - -I .. 0 ~ ~ 2005. $309.55 &CU1.O- (fj Uu.~.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of JANUARY 18, 2005. aO~1l Y'nf1Jkb. ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ---__CALLEA.TIMES. Jan . NO liL=e..~......~1 ~..~~ _In~lll - , 44, 1DI e:fl'am Primary Buafn_ DIotrtct to '8-5' .. J = DI~m:a . HI.torical~C"'u"" . l 8_ n d ma-_t);.t ", ~.ese~v:m tj~~~. Zoning Ordlnanc., \lP<lfl apPlication lit' ..YSr..z. Development . Company, L.P., lit' .. -.gJng .. :'1 f I\'aln';:.. . $ilOOl(JIIutI"...... Farm ancJ - a<<.. Trecta. StrCtlon 21. Lolt a thlOlCh 8, ""'" -,-jlt- Falfn Rur. ~.to '!\-,C" 0- ~~f ( ~ oevopme:r, L.P..IIt'~.. loAfftg ",af In ........10 1.6 _ out 01 Flour Bluff _ =:' Farm and Tracts, Soellon .. 1DI12, '"'"' "4-1' ADenme"t _ HouI. DIstrict to -8.4- Gen.ral _ BU'in... IlIooriot; NO. 028101, ~ !he ZMng Ordinance, upon ,~,"=~]o" ~. CoMon In. COlson Con It rue t ion ~,by__ .. lOfting """,- Iii ""r~ce to 15.71 ....... 01 Fia!w_ .... EncInal F""" _ o.n.T-e S; LotI 25 _ ,.., tr~~~~m~ ~ .~~ _'ng .. loniog Ordlnanc., upon ~~~ IOning map In ......nce 1D.81"'", 8ubdIviolcln. I!IlclllI< 2, lDIotA. li!lm '1-2" UaIll -.m1lia1r1ct1o'll- 4' ~ral ~ DIIlrlcl; and NO, .'03, amending .. Zoning OrdinancI, It"~~ lit' cIIanQIrlsj tho 2IOnIng mop In refera!q 10 IIeach AdditIon, IIeIng tho north halt 01..... 72, aI, _91, frOIn'!l- 2" Il8yfn)m 1Il-.oo Dlatrfct to ..a5'. ~.~ ~~t,h '= deviations from the , . X 1St I ri g 'COOIpt__ Plan. The.. ordlfttlnCe8 were pa..ed and applOY8d by tho. City Council 01 .. City 01 Corpus Christi on JanuaIy 11. .. 101 ArmondIt Chapa cay