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HomeMy WebLinkAbout026153 ORD - 02/15/2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AL TY ENTERPRISES BY CHANGING THE ZONING MAP IN REFERENCE TO 57.948 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 25, LOTS 2, 3, AND 4 FROM "F-R" FARM RURAL 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 Alty Enterprises 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, January 12, 2005, during a meeting of the Planning Commission, and on Tuesday, February 15, 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 57.948 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 2,3, and 4 from "F-R" Farm-Rural District to "R-1 B" One-family Dwelling District; located east of Rodd Field Road and south of Slough Road, as shown on the attached Exhibit (Map 041031 & 042031) 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. 02615~ 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 15th day of February, 2005. ATTES~ Armando Chapa City Secretary APPROVED ,~~ <I 2005 Joseph Ha~ 0-0 Assistant City Attorney For City Attorney Sllfuuel L. eal, Jr. Mayor, The City of Corpus Christi EFFeCTIVE DATE .~ I d---- /1 05" H :\LEG-DIR\Joseph\Zoning-05\O 1 05-05Regular .doc Page 3 of 3 Corpus Christi, Texas Ic!--r>--- -( ~ day of r.Q~)(LL4f'f005 TO THE MEMBERS OF -fHE 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, Li,.~ /#~9 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Brent Chesney O.ey .U{f ( I<.tLJ. t~t- ( lk'-4{;. I~f (.eft L{,'{ ~. . 0 ~ C:tiik J' ( ti,( ~ Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H :\LEG-OJRIJosephlZoning-05\O 1 05-05Reg ula r. doc 02615:1 FE8-4-2005 15:33 FROM:CITY OF CORPUS CHRIS 3618263560 TO: 98803239 P.8/9 III U.BAN ENGINEERING JOB NO. 39779.00.00 DECEMBER 3, 2004 (361)854-3101 POBOX 6355 . CORPUS CHRISTI. TEXAS 78466-6355 FAX (361)854-6001 ZONING STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for a 57.948 acre tract ofland (not based on an on-the-ground survey) out of Lots 2,3, and 4, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas; said 57.948 acre tract ofland being more fully described by metes and bounds as follows: BEGINNING at the common corner of Lots 1 and 2, Section 25 and Lots 31 and 32, Section 26, said FlOUT Bluff and Encinal Farm and Garden Tracts, same being on the centerline of Slough Road, an existing 40 foot wide roadway as shown on the recorded plat of said Flour Bluffand Encinal Fann and Garden Tracts, for the north corner of this tract; THENCE, South 61'00'00" East, along the centerline of said Slough Road, a distance ofl,910.68 feet for the east comer of this tracI; THENCE, South 2g'56'20" West, a distance of20.00 feet pass the south boundary of said Slough Road, in all a total distance of 1 ,320.82 feet to the common boundary of Lots 4 and 13, Section 25, said Flour Bluff and Encinal Farm and Garden Tracts, for the south corner of this tract; THENCE, North 61'01 '19" West, along Ibe common boundary of Lots 2, 3,4,13, ]4 and 15, Section 25, said Flour Bluff and Encinal Farm and Garden Tracts, a distance of I ,910.43 feet for the common corner of Lots 1,2,15, and 16 Section 25, said Flour Bluffand Encinal Fann and..Garden Tracts, for the west corner of this tract; THENCE, North 28'55'40" East, along the common boundary of said Lots 1 and 2, Section 25, a distance of 1,321.55 feet to the POINT OF BEGINNING and containing 57.948 acres ofland. Bearings based on the centerline of Slough Road as shown on the recorded plat of said Flour Bluff and Encinal Fann and Garden Tracts, a map ofwhich is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas. Unless this Field NOles Description, including preamble, seal and signature, appears in its original form, surveyor assumes no responsibility or liability for its accuracy. URBAN ENGINEERING ~J~ ~ DAN L. URBAN, R.P.L.S. License No. 4710 c..~se 01 D5 -0 S- 2725 SWANTNER DR . CORPUS CHRISTI. TEXAS 78404 mail@urbaneng.com FE.E:-4--i"005 15: 34 FROM: CITY OF CORPUS CHRIS 3618263560 "' N C " '" Jl ",- N -0 ~ '" N ~ C .. . u c ~ E Q,~ y oo~ ~ :J:J . 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'!lO . a\l \0. 017 OSft.~ -'3 "" State of Texas County of Nueces PUBLISHER'S AFFIDAVIT ss: CITY OF CORPUS CHRISTI Ad # 5110661 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 31ST day(s) of JANUARY, 2005. $306.64 .bL'~ ?tj iAA.liJO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of FEBRUARY 01, 2005. (jj OJet '!Y)(Uzlii. ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. CALLER. TJMES, January 31,2005, Monday, 13F . NOTIC ~ ARJNG TO E~ING .ICA )OF ~C~OF No*- 18 tWntby given in .coord..... Wfih the I.. th.t the CJty .~ ~CllywU: t . publk: lI!l~ ..fttl . ,."ule, :rI= .. PalnlII 1ialI, .. . , " - , b p -..- .....Ipt. 11~4tlld whJch ..Jd =::a~ J:: CIIy -.v and .. DI,.rtment of PIarnrlil. At said time and p1.~m;~.~ II .... and == may , ....CIIy "hti, ZOh.. .,,. T_.ja) 11>.. ~ed., ......... u ~ . 1104-07, Tim J. ~: 'R-1B' One- ~ DweIII"" DI*tcI ' to . 8.4. G......I ....... Dlotrtot . ~""...- _ m Boulh .... .....""__01 . ConIICa Road. , 01.-01. M~~r Inv..tm.nte: . '''1-! =-rtlment Hous.' to -R..1C. One-I ,.... ~ DI*tcI .'-"'Bteclnortlim_ ........ _ and ! ...... DrIve. p. 0106-02, All A. , _: 'R-l" Ona- . ~'\.~..~'e ......~.,.. - e SpacIIiI _ III "I' ~hoocl ,.......... JIl'Icl. l= we.t of I Road and 200 ...._ m A_ 14~, MIchaoI L ! and Nan M. Hughu: , ..-... General _D1Itr1ctIO'J- . 3" Heavy Industrial . DI*tcI- ~ oIong "no__d s_ 0tIM and Ohio __ . 5. 0105-04. Vie Kasan: "A-1S" One-family ~.s ,,'1 ,.'il!' and ...- DrIve. 6. '0105-05,. ,AllY ~K 1.... F-R". F_ DloiItOt IDi 'R-1B' o..-,.",Iij! DWtIflng Olfl"'" ~ , '.........._fllROdd: .-FIoed and_ ; I...... .11..1IUfh R.oed I ' .' yr. Up.. .JnfomaliO,; may lie obtained by calf"" or J yisiting the Department of Development =':'S, PI.n~j_n.i .- . 01(361).1' It ~t 2406 L.eoparo I , IsI Armando Chapa City Sacretary City of COIpU8 Christi o _.<_ 1 - '~'1 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT FINANCE DEPARTHENl OS FEB 23 AH 9: 0 I CITY OF CORPUS CHRISTI Ad # 5130317 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 PASSAGE OF ORDINANCE(S): 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 21ST day(s) of FEBRUARY, 2005. $329.92 .bL'aJL~ ?tj iAA.aaO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of FEBRUARY 22, 2005. [~{)(\~- ~~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ." CALLE R.TlMES, February 2".2005, Mondav, 15F NOTICE OP P BAO! OP ORDlNANCE(S): NO. 028148, amending the Zoning Ordinance, upon application by TIm J. Mokry by changing the zoning map In reference to 11.023 acres out of Flour Bluff and Encinal Farm and Garden I Tracts, Sectlon 11, Lota31 and 32 from "R- 1 e" One-family Dwelling District to Tract 1 . "A.l" Apartment House District and Tract 2."a- 1" Neighborhood Business District; NO. 1 028148. amending the i Zoning Ordinance, upon application by Moataghasi Investment by changing the zoning map in reference to 11.91 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 1" Lots 6. 7, 10, and 11 from "A-1" Apartment House District to OR_ 1 1 C. One-family I Dwelling District; NO. \ ~" ~~~'i~ aO~~~~~~~ . ' upon appllcatJon by All Pllohvari by chonglng the zoning map In feference to Alameda Park Subdivision, BJock 6. Lot. 33 and 34 trom "R.1 B" One. lamlly Dwelling OJotriel and 'R-1B'/SP Ona- family Dwelling 0tItrict wtth a SpeclBI Penn" to 'B-1' NaJghborilood Business District; NO. O2e151, amending the Zoning Ordinance. upon appJlcatJon by Michael L. and Non M. Hugh.. by changing the zoning map In reference to Undale Park Subdivision, f. SJock 1, Lot 2A!1 (currently zoned "8-4" !( General Business il District) by granting a " SpecIal Pennlt for a f fourteen by fourteen foot animal crematorium subject to the regulations set forth by the Texas Commission on Environmental Quality; NO. 026152, amending the ZonJng ORlJnanca, u ODilIIcatIOn by Vie ~ by changing the zoning map in reference to Brookhaven Subdivision. Block 8, Lot 1, I""" "R.1B'Qne- family Dwelling District to "B.4" General Business District; and NO. 026163. amending the Zoning Ordinance, upon application by Alty Enterprises by changing the zoning map in reference to 57.948 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 2. 3, and 4 ''''''' 'F. R" FannRural District to 'R.1B' Ono-famlly Dwelling District; amending the Comprehens1ve Plan to. account. for any deviations' from the e xis tin ,9 Comprehensive Plan. These ordinances were passed and approved by the City CounclJ of tho CIty of Corpus Christi on FobI1lary 15, 2005. 10/ Annando Chap City Socrotary City 01 Cerpu. Chri."