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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