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HomeMy WebLinkAbout026259 ORD - 05/10/2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GEORGE K. TAYLOR, BY CHANGING THE ZONING MAP IN REFERENCE TO 17.19 ACRES OUT OF LOT 13, SECTION 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO TRACT 1- "B-4" GENERAL BUSINESS DISTRICT AND TRACT -2 "B-1" NEIGHBORHOOD 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 George K. Taylor 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, April 6, 2005, during a meeting of the Planning Commission, and on Tuesday, May 10, 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 17.19 acres, out of Lot 13, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1 B" One-family Dwelling District to Tract -1 "B-4" General Business District and Tract 2 - "B-1" Neighborhood Business District; located at South Padre Island Drive and west of Nile Road, as shown on the attached Exhibits. (Maps 041035 and 041034) 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. 026259 - .. - .-....., - 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 10th day of May, 2005. ATTEST: /j / (j/'rn'Yc/) t~---- Armando Chapa City Secretary APPROVED ,1/II)f 2005 Joseph HX: ~ Assistant City Attorney For City Attorney He arrett Mayor, The City of Corpus Christi EFFECTWE DATE s-J IIp/DS H :\LEG-DIR\Joseph\Zoning-05\0405-03PCalternative.doc - Page 3 of 3 Corpus Christi, Texas 101>- day of /V\~, 2005 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. l/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, 1b4J HenrV Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott ~ 1Ju.(/ o 'JQ ~ 01Q 7 H:\LEG-DIR\Joseph\Zoning.05\0405-03PCalternative.doc 02f1259 - . 05/05/2005 12:22 3518253005 CITY OF C.C. DEV SER PAGE 09/10 Zoning Case No. 0405-03 TRACT 1 HEING a tract or parcel of land situalcu ill Lot 13, Section 18, Plour Bluff nnd .Encinal Fann and Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records, Nueces County, Texas, and being part of that 17.193 acre tract of land described in a Distribution Deed, as recorded in Document No. 2003044574, Official Records, Nucces County, Texas, and being more particularly described as follows; COMMENCING at a 5/8" iron rod found on the northeast right-of-way line of Williams Drive (40' right-of-way), from which comer the south comer of said Lot 13, Section 18 bears South 290 03' 40" West, a distance of 20.00 feet; THENCE North 29"03'40" East, with the west line of Lot12, Section J 8, Flour Bluff and Encinal Farm and Garden Tracts. as rer.nrrl~rl in Volume A. Pages 41-43. Map Records, Nueces County, Texas, distance of 332.00 feet to the POINT OF BEGINNING; THENCE North 61000'00" West, a distance of 664.58 feet to a point; THENCE North 28053'20" East, with the southeasterly line of Century Subdivision Block 1, Lots 2 thru 7, as recorded in Volume 59, Page 171, Map Records, Nueees County, Texas, a distance of 299.81 feet passing a 5/8" iron rod found for the south corner of Lot 1, Block I, SPIDlRyan Addition, as recorded in Volume 55. page liS. Map Records, Nueces County, Texas, and continuing for a total distance of 799.81 feet to a point on the southwest right-of-way line of South Padre Island Drive (State Highway 358), also being thc northeast corner of said Lot J, Block 1, SPID/Ryan Subdivision; THENCE South (,10I2' I6" East. with said right-of-way line, a distance of 290.75 feet to a found Texas Department of Transportation monument for angle point; THENCE South 57017'20" East, continuing along said right-of-way line, a distance of 377.00 feet to a point for corner, also being the north comer of Lot 8, B lock I, Lex ington Park Unit 3, as recorded in Volume 54, Page 78, Map Records, Nueces County, Texas; THENCE South 29003'40" West, at 476.31 pass a 5/8" iron rod found for the southwest corner of said Lot 8, Block I, and continuing along the west line of said Lot 12, Section 18, a total distance of 776.45 feet to the POINT OF BEGINNING and containing 528,451 square feet or 12.13 acre:; of land, more or less. - -..' 05/05/2005 12:22 3518253005 CITY OF C.C. DEV SER PAGE 10/10 Zoning Case No- 0405-03 TR.o\.CT :1 , .. BEING a tract or parcel of land situated in Lot 13, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records, Nueces County, Texas, aTld being part of that 17.193 acre tract of land described in a Distribution Deed, as recorded in Documcnt No. 2003044574, Official Records, Nueces County, Texas, and being morc particula:cly described a.~ follows; .Ht:\.iINNINti at a )1/')' Iron rOO rouno on lhe nonhe":;l ri~hL-Or-WdY Hue "r Wmiam. Drive (40' right-of-way), from which corner the south comer of said Lot 13, Section 18 bears South 290 03'40" Wcst, a distance of 20,00 feet; THENCE North 61 "00'00" West, with the northeast right-of.way line of said Williams Drive, a distance of 663.58 feet to a point; THENCE North 28053'20" East, with the southeasterly line of Century Subdiyision Block I, Lots 2 thru 7, as recorded in Volume 59, Page 171, Map Records, Nueces County, Texas, a distance of 332.00 feet to a point; THENCE South 6 I 000'00" Ea~t, a distance of 66458 feet to a point on the west line of Lot12, Section 18, Flour Bluff and Encinal Farm and GardeTl Tracts, as recorded in Volume A, Pages 41- 43, Map Records, Nueces County, Texas; THENCE South 29003'40" West, with said west line of Lot I2, Section 18, a distance of 332.00 feet to the POINT OF BEGINNING and containing 220,474 square feet or 5.06 acres of land, more or less. 05/05/2005 12:22 3518253005 I / 1~ / """ '~" ...... / /-'....../ u /12" .i" ...; U ....../ / t. .....-.. ....- j J. ....../ ,/ "~. A~-IJfJ F41 '.....lIuralDlltrk;i RE "llfIIdMdIlIE,tlMDlltrlGt Fill. 0lII~ hllll" Dw..ltllIa O..trIG! Fl.-V. OMFMJltyo-l!lftaOlslmt Jt_18 onl ","II~ D\InI""" f1ltolrl(!l R..,eo...F...llf~lIl1l1DI.trk:1 cltwefCofpusCllMa, TJO ~<:I~-' ij / ,// crT\' OF C. C. DEV SER PAGE 07/10 / / / / 1 / / /18 / / .. / ...../ "". ~Oll ...... ~If J>......,... ;.qo1\'~..'. I I~L.. "..'..,.. ./ .::-vvO 0. ..,;........ I\>IV~ " " I I .....-.~. -'-/-. 'B~ I.. /'jjX/ / -..J 1/ ......; ................................. .~. "71 '. "'~- ..... ........... '. "":"" eaSQ 110405..03 .o,t.Q~t ..P Planning Commission Recommendation R.TH TlMnl'll1\lMDwalllngOhlllet ~_, Multlpl.".....lIInIlDl.trlct 'T-1A TPlv""l1Il1fwll'arlltllltrll::t T.1B..,.....,.etut'a<:l"~ParllD..trlet T_le MH~MolM$...wtIIltIllInDI.~t A,',i\fUll'IrMntptoo,..~ A_1A A~Houslolw.bil;, ~.." 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Can ~ I.' 1,1"'lllIlIlndl.l"NlDI1Itrl~t o 100 200 - 400 Feet , - ;-\ i r-'. \: -';~.;, : PUBLISHER'S AFFIDAVIT [\SH~Y-2 rJ19:41 State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5187302 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 SENIOR COLLECTOR 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 25TH day(s) of APRIL, 2005. $194.65 .bL'~ (jjUu~.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of APRIL 26, 2005. G~ 'f'00/ULz ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. CALLER.TlUF~. Anril AA ..' ' PUBLISHER'S AFFIDAVIT '..: ;\\:-. .. f'~<3:'37. S t~ ~t\U'Ir~a~'\ County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5205048 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 SENIOR COLLECTOR 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 16TH day(s) of MAY, 2005. $162.64 bL"ctIW- (fjw~-5~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of MAY 17,2005. U(Q4a 771Ll/2J-4 ~_ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. OF PAlIIAClE OF ORDINANCES NO. 02t25I, amending the Zoning Ordinance, upon application by Bob B11lr dIbIII Bel.... Don by changing the zoning map in reference to the Koolside Addition, Block 8, Lot 15, Leas, A.O.W. (currently zoned -B.1" Neighborhood Buolnesa Dlelricl) by granting a Special Permit subf8ct to the continuation of the current _ _ by the T ABC and a'" plan; and NO, -. amending the ZonOlg Ordinance, upon appIIeallonby-" I<.ToyIor, by changing the zoning map in reference to 17.19 8Cree out of Lot 13. Section 18, Fleur Bluff and Encinal Farm and Garden Tract, from 'fl- t B" One-family Dwelling Dletrict to Tracl1,'8-4'_ Bualneaa DIatriol._ Tract 2 . "B-t" Neighborhood Bu.ln... Dll-trlet; ...ndlng the camp_e. Plan to account for any deviations from the existing Comprehenslve Plan. Thlse ordinancBs wlr. paned and approved by tho CIty Council of the CIty of . Corpus Chrieti on Mey 11:~5. 101 Armando ChIIpa CIty 5ecMIary . of Comus Chri8tl