HomeMy WebLinkAbout026646 ORD - 02/14/2006AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY AL DEVELOPMENT, INC., BY CHANGING THE ZONING MAP IN
REFERENCE TO 47.87 ACRES OUT OF LOTS 3 THROUGH 6,
SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, 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 Al Development, Inc., 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 11, 2006, during a meeting of the Planning Commission, and on Tuesday,
February 14, 2006 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 47.87 acres out of lots 3 through 6, Section 21,
Flour Bluff and Encinal Farm and Garden Tracts, located 900 feet west of Airline Road
and along the south side of the future Lipes Boulevard extension (County Road 26) from
"F -R" Farm Rural District to "R -1 B" One - family Dwelling District. (Map 042031) (Exhibit
Metes /Bounds)
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.
,0 {6i
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 and shall take effect upon first
reading as an emergency measure on this 14th day of February, 2006.
ATTEST:
Armando Chapa
City Secretary
APPROVED February 8, 2006.
Gary W. Smith
Assistant City Attorney
For City Attorney
THE OF CORP S CHRISTI
Henry Garr
Mayor, City of Corpus Christi
H:\ LEG- DIR \garyws \garyws \agenda\ 2006102 - 1410106 -01 RegularZoning Al Develop.doc
EFFECTIVE DATE
z/Lo io{�
Page 3 of 3
Corpus Christi, Texas
!*dayof
, 2006
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,
Council Members
The above ordinance was
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
Respectfully,
Henry Garrett
Mayor, The CI y of Corpus Christi
passed by the following vote:
Alba-
H_\ LEG -DI R\garyws\garyws\agenda \2006102- 1410106 -01 RegularZoning Al Develop.doc
P. 2
Q_
EXHIBIT A
ZONING CHANGE
F -R TOR -1 B
BEING a tract of land situated in the city of Corpus Christi, Nueces County, Texas, and being a 47.87 acre
tract out of Lots 3 - 6, Flour Bluff and Enema] Farm and Garden Tracts, according to the Map Recorded in
Volume A, Pages 41 - 43, Map Records of Nueces County, Texas, and being more particularly described as
follows
COMMENCING at a west corner of a 12 acre tract out of Lots 3 - 6, Section 21, Hour Bluff and Encinal
Farm and Garden Tracts, an Addition to the City of Corpus Christi, Texas, according to the Plat Recorded
in Document Number 2004058149, Official Records, Nueces County, Texas, a found 5/8" diameter iron
rod bears N 28 °41'56" E at a distance of 0.24 feet from said corner, thence S 61°18'04" E along the south
boundary line of said 12 acre tract, same being the north boundary line of Lot 13, Section 21, Flour Bluff
and Encinal Farm and Garden Tracts, an addition to the City of Corpus Christi. Texas, as recorded in
Document Number 2002058352, official records, Nueces County, Texas, at a distance of 394.20 feet to a
5/8 " diameter iron rod set with a red plastic cap stamped " Naismith Eng. C.C., TX. ", being the Point of
Beginning, and the southwest corner of herein described tract, same being the southeast corner of said 12
acre tract;
THENCE N 28 °56'40" E along the northwest line of herein described tract, same being the southeast
boundary line of said 12 acre tract; at a distance of 1324.69 feet to a 5/8" diameter iron rod set with a red
plastic cap stamped "Naismith Eng. C.C. TX. ", for the north corner of said 47.87 acretract, same being the
east corner of said 12 acre tract and the southeast boundary line of a 79.92 acre Tract, out of Section 20,
Flour Bluff and Encinal Farm and Garden Tracts, an addition to the City of Corpus Christi, Texas, as
Recorded in Document Number 2005007354, Official Records, Nueces County, Texas;
THENCE S 61°18'04" E along the northeast boundary line of said 47.87 acre tract, being the southwest
boundary line of said 79,92 acre Tract, and Lots 28 and 27, Section 20, Flour Bluff and Encinal Farm and
Garden Tracts, an addition to the City of Corpus Christi, Texas, as recorded in document number
2004058323, Official Records, Nueces County, Texas, a total distance of 1327.16 feet to a 5/8" diameter
iron rod set with a red plastic cap stamped " Naismith Eng. C.C. TX_ ", for the east corner of herein
described tract, same being the north corner of a 9 acre Tract, out of Lots 6 and 7, Section 21, Flour Bluff
and Encinal Farm and Garden Tracts, an addition to the City of Corpus Christi, Texas, as recorded in
Volume 2244, Page 494, Deed Records, Nueces County, Texas;
THENCE S 08 °13'01" W along the southeast line of said 47.87 acre tract, same being the northwest line of
said 9 acre tract, a distance of 1414.08 feet to a 5/8" diameter iron rod set with a red plastic cap stamped
"Naismith Eng. C.C. TX. ", for the south corner of herein described tract, same being the west corner of said
9 acre tract and the northeast line of a 130 -foot wide drainage easement, as recorded in Volume 2005, Page
874, Decd Records, Nueces County, Texas;
THENCE N 61 °18'04" W along the southwest line of said 47.87 acre tract, continuing along the same
course through said 130 -foot wide drainage easement, and along the common north boundary of a 40.17
acre Tract out of Section 21. Flout Bluff arid Encinal Farm and Garden Tracts, an addition to the City of
Corpus Christi, Texas, as recorded in Volume 1892, Page 1011, Deed Records, Nueces County, Texas, and
said lot 13, for a total distance of 1821.09 feet to the POINT OF BEGINNING and containing 2,085,222
square feet or 47_87 acres of land
NAISMITH 1 ENGINEERING, INC.
FNGTNF.F.RTNC, • FMVTRONMFNTAT • CiTRVpYtt r(;
PUBLISHER'S AFFIDAVIT
State of Texas 06 FEB 2 AM 9: 1 8 CITY OF CORPUS CHRISTI
County of Nueces ; ss: Ad # 5414468
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 ORDINANCE NO. 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 20TH day(s) of
FEBRUARY, 2006.
$119.53
SENIOR COLLECTOR
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
FEBRUARY 21, 2006.
Notary Public, N.ve
Michelle Cabrera
Print. or Type Name of Notary Public
ires on March 19, 2008.
County, Texas
II
v
i•
• S.11 • 1
ex
MICHELLE JOYCE CABRERA
MY COMMISSION EXPIRES
Match 19, 2008
CALLER - TIMES• February 20.
the Zoning
Ord n e, upon
ply PPNs ` oI tic., AY
changing the earring
map in reference to
47.87 acres out Of Lots Section
3 t Fu Ntr 6,
21,
4,noine$ Farm and
t
rdertTracisi F-
R Rural
to F*-1B One - family
bweig District;
ma nni Eh e
vs Plan
to nt for any
deviations from the
e x i s t i n g
Comprehensive Plan..
This ordinance wee
passed and approved
®Y
F 1K��. p�PPR tA0A
State of O
County of Nueces
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
ss: Ad # 5397120
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 Patrick), 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 30TH day(s) of JANUARY,
2006.
$186.46
SENIOR COLLECTOR
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
JANUARY 31, 2006.
Notary Public, Nueces County, Texas
Michelle Cabrera
Print or Type Name of Notary Public
My commission expires on March 19, 2008.
! � MICHELLE JOYCE CABRERA
MV COMMISSION EXPIRES
Ma* 19, 2008
CALLER- TIMES•January30, 2
HIAR1, 0 TO
Arm (li
THE CITY OF
CORPUS CHRISTI
Notice is hereby pawn in
accordance v.ft the
law that the City
Council of the City of
Corpus Christi will
conduct a public
February on 1 Tuesday,
duringq a regular
Cox meeting which
commences at 10:00
a.m. in the Ci Council
Chwmbers, Clryr Hag,
1201 Leopard, intoo
zoning �a�catie ) of
which said
s)arson
file an the Mft of the
City Sec rdtary and the
Department of
Aol said time
and place a person' and patties
inleineted ;may
bebre the City
The zoning
application(s) to be
considered at the
hearing ars as follows:
1. 010$ -01, AI
Ms.: F-
R` Ruin- ural t rkrt
to a "R-1 Cite -fer nily
Dwelling Distract -
Located 9110 feet west
of AariEe 'Roao d ado
future Ups
Information may be
obtained by ceding or
visiting the Deparinient
of Development
Services, Planning
Section al (361) 626-
1 36, 2408 Leopard
Street.
/s/ Amlendo Chapa
` 'ofd Secret:Ai/61
PUBLISHER'S AFFIDAVIT
State of Texas 06 FEB 23 AM 9` 18 CITY OF CORPUS CHRISTI
County of Nueces ss: Ad # 5414468
PO #
Before me, the undersigned, a Notary Public. this day personally came Diana
HiZnojosa, 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 Patrick), Victoria and Webb Counties, and that
the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 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 20TH day(s) of
FEBRUARY, 2006.
$119.53
he:Ctita_
SENIOR COLLECTOR
TWO (2) Time(s)
Subscribed and sworn to me on the date of
FEBRUARY 21, 2006.
Notary Public, Nue -s County, Texas
Michelle Cabrera
Print or Type Name of Notary Public
ex.ires on March 19, 2008.
MICHELLE JOYCE CABRERA
1 MY COMMISSION
EXPIRES
March 19. 2008
CALLER•TIMES• February 20. 2
NO.
the Zoning
Otdin e, apon
Hpgo ant, Iiao., by
changing the zoning
map in reference to
47.87 acres outfit Lots
21, F r BK
Ethcigta Farm and
Glarclen Tracts, from F-
R Fame Rural dbeefd
to 01-1-0 0ns-family
Owelltftg District;
am an tlrW the
nt for any
deviations from the
e x i s t i n g
Comprehensive Plan.
This ordinance wail
passed and approved
bY