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HomeMy WebLinkAbout026406 ORD - 08/23/2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY NUECES REAL ESTATE PARTNERSHIP, L.P. BY CHANGING THE ZONING MAP IN REFERENCE TO 55.73 ACRES OUT OF BOHEMIA COLONY LANDS, LOT 3, SECTION 8 FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "R-1C" 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 Nueces Real Estate Partnership, 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, June 15, 2005 and June 29, 2005 during meetings of the Planning Commission, and on Tuesday, August 23, 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 Lot 3, Section 8, (55.73 acres out of Bohemia Colony Lands) from "R-1 B" One-family Dwelling District to "R-1 Coo One-family Dwelling District located west of Kostoryz Road and Galvan Elementary School, as shown on the attached Exhibit. (Map No. 047036) 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. 02640f) 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 23rd day of August. 2005. ATTES~ Arma~o Chapa . -- ... City Secretary APPROVED f-.--;-.,~;f " 2005 Josep~~r~~'J Assistant City Attorney For City Attorney EFFECTIVE DATE ~(1'110<; H \LE G- 01 R \Joseph lZon ing-05\0605-07 Reg u la r. doc Page 3 of 3 Corpus Christi, Texas ,;JJ,\ 4ay Of~' 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. 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, Respectfu lIy, Council Members The above ordinance was passed by the following vote: Melody Cooper i~ 'JMf ~ ilvf l)j~iL CUt ;, ~ ~,l ~y n Henry Garrett Brent Chesney John E. Marez Jerry Garcia William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H ILEG-DIRIJosephlZoning-0510605-07Regular doc 02fi4Uf) .4r ~- -..;.:ur P 1 ,... /~ May 16, 2005 g U..AN ENGINEERING -:301 '85431 01 PO BOX 6355 . CORPUS CHRISTI, TEXAS 78466-6355 FAX (361)854-6001 55.730 Acre Tract State of Texas County of Nueces Fieldnotes for the rezoning from R-lB to R-IC ofa 55.730 acre (2,427,577 square foot) tract ofland (not based upon an on the ground survey) out of Lot 3, Section 8, Bohemian Colony Lands, a map of which is recorded in Volume A, Pages 48, Map Records ofNueces County, Texas; said 55.730 acre tract ofland being more fully described by metes and bounds as follows: Beginning at a point on the Northwest Right-of-Way line of Whitebird Drive (60 feet in width) being the South comer of Lot 39, Block 12, Crestmont Unit 7, a map of which is recorded in Volume 49, Pages 64-65, Map Records ofNueces County, Texas fi'om which point the North comer of Lot lA, Block 1, Crestmont Unit 11, a map of which is recorded in Volume 54, Page 125, Map Records of Nueces County, Texas bears South 61031' I 0" East, a distance of 60.00 feet for the POINT of BEGINNING and a corner of this tract; Thence, South 28028'50" West, along said Northwest Right-of-Way line, a distance of 650.00 feet to the point of curvature of a tangential circular curve to the right having a central angle of90000'00", a radius of 10.00 feet, a tangent length of 10.00 feet, and an arc length of 15 71 feet ; Thence, with said circular curve to the right, a distance of 15.71 feet to a point on the Northeast Right -of- Way line of Masterson Drive (60 feet in width) for the point of tangent and for a comer of this tract; Thence, South 28028'50" West, , a distance of 60.00 feet to the point on the Southwest Right-of- Way line of said Masterson Drive for a corner of this tract; Thence, South 6103]' 1 0" East, with said Southwest Right-of-Way line of Masterson Drive, a distance of 624.78 feet for a corner of this tract; Thence, South 28028'50" West, leaving said Southwest Right-of-Way line of Masterson Drive, a distance of 588.02 feet to a point on the Northeast line of the Richter Drainage Ditch for the South comer of this tract; Thence, North 61034'00" West, with said Northeast line of the Richter Drainage Ditch, a distance of 2099.25 feet to the point of curvature of a tangential circular curve to the right having a central angle 0[90030'00", a radius of 100.00 feet, a tangent length of ] 00.88 feet, and an arc length of 157.95 feet; 2725 SWANTNER DR. . CORPUS CHRISTI. TEXAS 78404 mail@urboneng.com ~ ((4e.. No, o~ pc;; -01 /.h..~ r) 1'" 1, 1" SA~.i e k'ut P 2 " "'" Thence, with said circular curve to the right, a distance of 157.95 feet to the point of tangent and for a comer of this tract; Thence, North 28056'00" East, continuing with said line of the Richter Drainage Ditch, a distance of 1209.00 feet to a point for the West corner oflot 1, Block 17 of said Crestmont Unit 7 for the North corner of this tract; Thence, South 61031 '10" East, along the Southwest line of said Crestmont Unit 7, a distance of 1575.00 feet to the "Point of Beginning" and containing 55.730 acres (2,427,577 square feet) ofland. Bearings based on the recorded plat of Crestmont Unit 7, a map of which is recorded in Volume 49, Pages 64-65, Map Records ofNueces County, Texas. Unless this fie1dnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor aSSumes no responsibility for its accuracy. Urban Engineering ;;:L).J NJ.. Dan L. Urban, RP.L.s. License No. 4710 C~e- U(J tJ(pO':>-01 'J,L;.,~ ,,,,:,..A P 3 SIte Map rr+RrBi! ~flr I ; I ~ ~ ~ i NI1"34'OO" 2C118.2$' RidtItr ~ /Ilr:h 450 300 150 ~ I o - Graphic Scale 1"=300' CtUe b-f.(). (Mo~ -r[) 1 300 I Map to Accompany 600 I FIEl/JNU1ES frJr . S5.7JO I1tW 11M tII /tIft(/ out ", Ld ~ s.:tJbr 4 .aiM r f... ~ ~ .. mtIp '" rNt:h ,. -*d In I4:lUM A. ". 4_~~.~7'" MTE: ...... 18, 200!5 sc;.. ~. -1'-300' SHEET: 1 of 1 DRAWN BY: ow \)t\'~l\"'\~t.~' f\~~\\Ct. 'l.'Z. ~~ \0\ St~ tl\\q.~fas Ciluntv of Nueces PUBLISHER'S AFFIDAVIT FINANCE CITY OF CORPUS cr-MAL\li I ss: Ad # 5273734 PO # ( r'; Before me, the undersigned, a Notary Public, this day personally came Diana Hmoiosa, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper publtshed at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, cJim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Ltve Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a tnle copy, was mserted in the Corpus Christi Caller-Times and on the World Wtde Web on the Caller-Times Interactive on the 8TH day(s) of AUGUST, 2005. $297.95 hcuvY..-?tj~~ SENIOR COLLECTOR TWO ~) Time(s) Subscribed and sworn to me on the date of AUGUST 09, 2005. ~JJJQJL~~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. -~i-1 "Ill I ::i.lA 21 C HEARING TO CONSIDER ZONING APPUCAT1ON(S) OF THE CITY OF CORPUS CHRISTI NoIIce 18 hereby given In accordanCe WIth the law that the City Council 01 the City 01 Corpua Christl will conduct a publlo = on Tu8llday, 23, 2005 dul1ng a regular Counon maatlng which commences at 10:00 a.m, In the City Council Clwnbars, City Hall, 1201 Leopard. to conaIdar the following zoning appllcatlon(a} Of whl.oh said &IlIlIlc8Iion(a) are on IIIe In the 0IIIca 01 the City Secretary and the D41partment of PlII!irllng. At aaJd time ... ~ 01 hearing, at parsona and parUea inlllrestad may appear Ilekn the City Council. Tha zoning appllcatlon(s) to be conaldered at the . hearing are as foNowa: i 1. Dl05-01, TIMeT I Propartlea: 'R-1A' . One-famlly Dwelling I DI8trtCt to 'R-1A' One- I family Dwelling DI8trtcl I with a 'PUD-2' i Planned Unit Dew/opment 2 8UbIect to aIta plan and eight (8) conditions - Located along the southwest comer of Ocean Drive, Soulh I Alameda, and Edgewater. 2. 0e05-o6, Juanita I Hernandez: 'R-1B'1 One-family Dwelling District to 'AB' Professional Office DIslricl- Located at the intelll8Ction 01 Waldron Road and Cresllina i Street. . 0105-07, NUlK'es Real Estate Partnership, L.P.: "R- 1 B' One.family Dwelling District to 'R- 1 C' One-family Dwelling District - . Located west of K08Ioryz Road and Galvan Elementary. . 0108-09, Jerry Sliva: '1-2' Light Industrial DI8trict to a 'R-1C' Ona-family Dw.llln~ District, 'A-I AII...nrt,ment Haw.a OlIIrIot, and a '801' Nalthborhood Bualness District - loCalitd on the Hat . sIdI 01 Brluht Stfaat beI1NIn ~a s..et and Morgan Avenue. "".tlon may .a ~ by. caI~. or the oepaltRlenl al evelopmant Services, Planning. [ ..... III (3111) 121- :MeO, 2'4Oll Laeperd Street. Is/ Annando Chapa I City s-atary City 01 Corpus Chri8tl \' (~ . '. i ,. " .., '. "".f'- )I' PUBLISHER'S AFFIDAVIT FIHMlCE. D' Pf,R atlJ; 1 < lell' (if'! exa!)S SEP 12 ~t110: 3 I I. "UII" (II' Nueces ss: CITY OF CORPUS CHRISTI Ad # 5291261 PO # Ikfure me, the undersigned, a Notary Public, this day personally came Diana HmcUQsa \vhe, being first duly sworn, according to law, says that she is :--:'El'~IQR (,:OLLECTOR of the Corpus Christi Caller-Times, a daily newspaper I ,ubltshed at Cllrpus Christ! in said City and State, generally circulated in '\rHIISdS Bee, Brooks, Duval, .Jim Hogg, .Jim Wells, Karnes, Kenedy, Kleberg, i ;VI Oilk Nueces, Refllgio, San Patricio, Victoria and Webb Counties, and that i tiC pUblication Ill, NOTICE_CLE P,o\SSAGE_Qf ORDINANCES which the annexed , ;l 'rue'opv, \\as ins,~rted in the Corpus Christi Caller-Times and on the World VVleit' Weh on till' Caller-Times Interactive on the ,?9TH day(s) of AUGUST, 2005. }1{54c-lf? l"',L{)J1JL (fj ~.5~ SENIOR COLLECTOR IW< )J2_) Timelsl Subscribed and sworn to me on the date of t\UGUST 30, 2005. ,-<' 52.. ','c",. ,r~ ~\:.\' Pia 0" . & ".-t'" ." '" (, i.' ...'C va.'. '" 'l.t>, l~'" .~ w' /",.~ ~i ~: :;;' c. ~ .:r . '. /-.:;: : ~ ".b .~ \ 9" . ~I "t,*~ 1.. ').'"<-.. . ","'-. q ~ j. '.>I ' .~ ")' ,<.r-.... t;- '.'. . 01.' 1St. . '7's~0. "\~':~- - '1..)..~)" ~)\t 1 ' .' __.~~..J~~_,~](L'u~ -- ~ , ~ -- Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Tvpf' Namf' of Notary Public Mv commissiun expires on 04/23/09. 12f . Monday. .~ ~ .1 NOTICE OF PASSAGE OF ORDINANCES NO. 026405, amending the Zoning Ordinance, upon application by Jerry Silva by changlng the zoning map in reference to 1.1 e acres out of La Gloria Subdivision, Block F, Lots 1 and 2, the west 100 feet of Lot 20, and Lots 15 thru 19 located on the east side of Bright Street be1ween Reyna Street and Morgan Avenue from: I- 2" Light Industrial District to a "R-1 C" One-family Dwelling District on Tract 1, "A- 1" Apartment House District on Tract 2, and "B-1" Neighborhood Business District on Tract 3; and NO. 026406, amending the Zoning Ordinance, upon appiication by Nueces Real Estate Partnership, L. P. by changing the zoning map in reference to 55.73 acres cut of Bohemia Colony Lands, Lot 3, Section 8 from "R-1 B" One- family Dwelling District to "R-' C" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan These ordinances were passed and approved by the City Council of the City of Corpus Christi on August 23, 2005. /s/ Armando Chapa City Secretary City _~ Corpus Christi ALLER-TIMES