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HomeMy WebLinkAbout026699 ORD - 03/21/2006Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES DEVELOPMENT, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.680 ACRES OUT OF THE NUECES RIVER IRRIGATION PARK ANNEX NO. 2, FROM "F -R' FARM RURAL TO "B- 4" GENERAL BUSINESS DISTRICT WITH A 0.801 ACRE 50 FOOT "B- 1A" BUFFER TO THE REAR ON TRACT 1 AND 16.16 ACRES FROM "F- R" FARM RURAL TO "R-1B" ONE FAMILY DWELLING DISTRICT ON TRACT 2; 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 Staples Development, LLC, 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 25, 2006, during a meeting of the Planning Commission, and on Tuesday, February 28, 2006 and Tuesday, March 21, 2006 during meetings 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 3.68 acres out of the Nueces River Irrigation Park Annex No. 2, located along Northwest Boulevard between Pinnacle Drive and Trinity River Drive, from "F -R" Farm Rural to "B -4" General Business District with a 0.801 acre 50 foot "B -1A" buffer to the rear on tract one and 16.16 acres from "F -R" Farm Rural to "R-1B" One Family Dwelling District on tract two. (Map 068051) (Exhibit) 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. H "\ LEG- D! R\ garyws \garyws'.agenda,2006\03 -2' \0106- O8ALT.Zoning(B1A BUFF) STAPLES DEV.1.doc 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 21st day of March, 2006. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 16, 2006 G ry lid. Smith Assistant City Attorney For City Attorney He ry Garre Mayor, The ity of Corpus Christi EFFECTIVE DATE 312:7/0(0 H1 LEG- DIR\ garyws \garyws\agenda\2006 \03 -21 \0106- 08ALT.Zoning(B1A BUFF) STAPLES DEV.1.doc Page 3 of 3 Corpus Christi, Texas 54- day of Il(}OAC/11\. 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, Respectfully, H my Garre Mayor, The ity of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney " Jerry Garcia John Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H:\ LEG- DIR \garyws\garyws \agendat2006102- 2810106- 08ALT.ZQning(B1A BUFF) STAPLES DEV.1.doc MURRAY BASS, JR , PE.,R.P.LS. Nix oh U. WP-LSH P.E..R.P.L.S. BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 TRACT 1 - Frani- PROPOSED BUSINESS ZONING State of Texas County of Nueces 3054 S. ALAMEDA, ZIP 78404 PH. 361 882.5521 FAX 361 882 -1265 c -mail: murrayjre0aol_com e -mail: nixmw( aoLcom February 16, 2006 05038M &B -Tract 1 -rev Description of a 3.68 acre tract of land, more or less, a portion of Annex No. 2 to the Nueces River Irrigation Park, a map of which is recorded in Volume "A ", Page 55, Map Records, Nueces County, Texas, said 3.68 acre tract as further described by metes and bounds as follows: BEGINNING at the southeast corner of Lot 1, Block 1, River Heights, a map of which is recorded in Volume 60, Page 187. said map records, said beginning point for the southwest corner of the tract herein described ; THENCE N09 °35'59 "E 231.06' along the east boundary line of said Lot 1, Block 1, River Heights, to a point for the northwest corner of the tract herein described; THENCE 583 °46'57 "E 697.50' to a point for the northeast corner of the tract herein described in the west boundary line of Lot 1. Block 9, Northwest Estates, a map of which is recorded in Volume 52, Pages 55 and 56, said map records: THENCE S10 °43'37 "W 231.37' along the west boundary line of said Lot 1, Block 9, Northwest Estates, to a point in the north right -of -way line of FM 624 (Northwest Boulevard) for the southeast corner of the tract herein described. THENCE along the said north right -of -way line of FM 624 N83 °46'57 "W 692.94' to the POINT OF BEGINNING. NM W:mad L /a7", Nixon M. Welsh, R.P.LS. EXHIBIT "A" Sheet 1 of 1 Case O 106 -- ALT bg A• HOdd HdEi'5 MURRAY Bass, -1 R., P.E., PWxofa M. WELSH, P.E., R.P.L.a. BASS & WELSH ENGINEERING P.O. fax 6397 GearUs CHRISTI, TEZws 78466 -6397 B -1 A ZONING State of Texas § County of Nueces 3054 5- ALAMKDA PK- 361 832-5521 FAX 361 662 -1265 [ -MAIL: murtayjt @sol -mm lE -MAID: nix.mw @aol.tom February 10, 2006 05038M&B doe Description of a 0.801 acre tract of land, more or less, a 50' wide strip, a portion of Annex No. 2 to the Nueces River irrigation Park, a map of which is recorded in Volume "A ", Page 55, Map Records, Nueces County, Texas, said 0.801 acre tract as further described by metes and bounds as follows: BEGINNING at the northwest corner of Lot 1, Block 9, Northwest Estates, a map of which is recorded in Volume 52, Pages 55 & 56, said map records, said beginning point for the northeast corner of the tract herein described ; THENCE along the west boundary line of said Lot 1, Block 9, Northwest Estates 510°43'37 "W 50 -16' to a point for the southeast corner of the tract herein described; THENCE N83 °46'57"W 697.50' to a point for the southwest corner of the tract herein described in the cast boundary line of Lot 1, Block 1, River Heights, a reap of which is recorded in Volume 60, Page 187, said map records. THENCE along the east boundary lime of said Lot 1, Block 1, River Heights N09°35'59 "E, at 2.45' pass the common northeast corner of said Lot 1, Block 1, River Heights and southeast corner of Lot 2, said Block 1, River Heights and continuing along the east boundary line of said Lot 2, Block 1, River Heights, in all a distance of 50.09' to a point for the northwest corner of the tract herein described; THENCE S83 °46'57 "E 698A9' to the POINT OF BEGINNING. NMW:mad Sheet 1 of 1 WOd 9CZ —lZ —� MURRAY BASS, JR.. P. E. R NIXON M WELSH, PE R- P.L.S. BASS & WELSH ENGINEERING P.O. Box 6397 CORPUS CHRISTI, TEXAS 78466.5397 TRACT 2 PROPOSED R -1C ZONNING State of Texas County of Nueces 3054 S, ALAMEDA Pic 361 682 -5521 FAx 361 882-1265 E -MAIL: murtayjrC'noL.com 6 -MAIL: nixmw3 act com November 21, 2005 05038M &B -Tract 2 Description of a 16.1.6 are tract of land, more or less, a portion of Annex No. 2 to the Nueces River Irrigation Park, a map of which is recorded in Volume "A ", Page 55, Map Records, Nueces County, Texas, said 16.16 acre tract as further described by metes and bounds as follows: BEGINNING at a point in the easterly boundary line of Lot 2, Block 1, River Heights, a neap of which is recorded in Volume 60, Page 187, said map records, said beginning point for the southwest corner of the tract herein described and bearing N09°35'59"E 47.64' from the southeast corner of said lot 2; THENCE N09 °35'59 "E 1021.87' along the east boundary line of said River Heights to a point for the northeast corner of Lot 14, Block 2, said River Heights and northwest corner of the tract herein described and being in the southerly boundary line of Wood River Unit 2, a map of which is recorded in Volume 45, Pages 190 -192, said map records; THENCE S79 °36'45 "E, 716.44' along the south boundary line of said Wood River Unit 2 and along the south boundary line of Wood River Unit 1, a map which is recorded in Volume 44, Pages 180-182, said map records, to a point in the south boundary line of Lot 11, Block 10, said Wood River Unit 1, for the northeast corner of the tract herein described and northwest corner of Northwest Estates, a map of which is recorded in Volume 52, Pages 5.5 and 56, said map records; THENCE S1 0 °43'37 "W 971.00' along the west boundary line of saki Northwest Estates to a point for the southeast corner of the tract herein described and common southwest corner of Lot 6, Block 1 and northwest corner of Lot 1, Block 9, of said Northwest Estates; THENCE N83 °46'57 "W 698.49' to the POINT OF BEGINNING, a sketch showing said 16.16 acre tract being attached hereto as Exhibit "C". NMW-. mad 411e Nihon M. Welsh, R P.L.S. EXIIIBIT "B" SHEET 1 OF 1 • UIx, D� ALT WO2id WdV L ' S 9eZ- L -Z • State of Texas Count\ of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5408516 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTATIVE 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 CONSIDER ZONING , 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 13TH day(s) of FEBRUARY, 2006. $288.3 LEGAL SALES REPRESENTATIVE TWO (2)) Time(s) Sub cribed and sworn to me on the date of Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. 44. "'"*;•, MICHELLE JOYCE CABRERA MY COMMISSION EXPIPE9 March 19, 2008 N©TIG OF NEARING TO OF THE GI bF in t#re law that fifty Ceundl of h fGI of Corpus C wih conduct a pui>lflc hearing on February rira a.m. M? Chambers, 1201 L tonsillar zoning which id Depart m ' =t of and aI w Wont T h • z to be consfdsr ld" at the hearing a a 10 felaws: 1. 010844, $Sw Womb's: J! -1 Apart m t Daniel *Air Profs Moffitt - of South T 2.01 Partnsis,; LP.: 'i>t -1A' Neighborhood Business District to a 'B -1' Nsiglyborhood Business District - Locatad at the northealt of Nor Boulevar Pinnaces. 3. 01 Dev "F -R' Farm - District to a 'f General Business District and • ;::1C' One- District - of No Boulevard east of T Drive/Fla 1. 01 Group, 1, N•igh hpod Business to a B -4' en•ral Busing trlct - Locartad rth of dIw� rd and ea1Rt of 1 forrmma h May be or **lot Services, Section s 31500. Street. /s' City 01 C State of Texas County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5442338 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTATIVE 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 27TH day(s) of MARCH, 2006. $230. 1 1 MICHELLE JOYCE CABRERA My COMMISSION EXPIRES March 19, 2008 010--rtetcet., 04,4e.-4-YLJ LEGAL SALES REPRESENTATIVE TWO (2) Time(s) Subscribed and sworn to me on the date of Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. CALLER - TIMES. March 27, 2006. 1F OF ORDINANCES: P40. 028M7, amending the Zoning Ordinance, upon application by Southcorp Realty Advisors, Inc., b ioi chivying the zoo' rag_ in (Werence 17, Fe `sty Park Nary AdittiOn $V an 260 a of Nuecelt ay Boulevard, from "B -1' Neighborhood Business District to "B- 3" B • District; NO. amending the Zord Ordinance, upon ap lion by N. P. Homes, changing the zoning map in reference to 20 acres out of Lot 18, Sexton 27, Flour ' Bluff and Encino" Farm and Garden en , Iaca d 600 of the inter Lion at Wooldridge Road and Rodd Field Road, from 'F -R" Farm Aural District to "1-1 B" One- and P40. , amending the Zoning Ordinance, upon application by Staples Developmept, LLC, by changing zoning map in to 3.680 aorsa out of the ueces River irrigation ark Anne No. 2, "F -R' Farm Rural o 'B -4" General " with a lad 'S- A' tie gear Trlrct;1 : 16 rat G •naive Plan to accowrtt for any deviations from the e x i s t i n g Comprehensive Plan. These ordinances were passed and I Council lbe City of Corpus Cisti on March 21, 20. /s/ Armando adept C' ofsCh 0 State oi Texas 0!6 f`'i% County of Nueces PUBLISHER'S AFFIDAVIT C. 9'48 CITY OF CORPUS CHRISTI ss: Ad # 5425621 PO # Before rye, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being - irst duly sworn, according to law, says that she is SENIOR COLLECTOR of the Corpus Christi Caller - Times, a daily newspaper publish at Cornu.s Christi in said City and State, generally circulated in \ransas Bee. Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, ave Oai , Nueces. Refugio, San Patrick), Victoria and Webb Counties, and that he publication o', NOTICE OF PUBLIC HEARING TO which the annexed is a rue con was serte I it tr c Corpus Christi Caller -Times and on the World Wide Web on he caller Times Interactive on the 6TH day(s) of MARCH, 2006. $256.30 SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of MARCH 07, 2006. No ary Public, Nueces County, Texas Michelle Cabrera Prim t or Type Name of Notary Public My commission expires on March 19, 2008. MICHELLE JOYCE CABRERA MY COMMISSION EXPIRES March 19, 2008 12F .Monda •March 6 2006—CALLER -IMES NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday, March 21, 2006 during a regular Council meeting which commences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said' application(s) are on file in the Office of the City Secretary and the Department of Planning. At said time and place of hearing, all persons and parties interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as follows: 1. 0206-01, Southcorp Realty Advisors, Inc.:: "B -1" Neighborhood I Business District to a "8 -3" Business District - Located along Buffalo Street and 200 feet east of Nueces Bay Boulevard. 2. 0206 -02, Chili Pepper Properties, Inc. and Gary Cadena and Timothy Lawson: "R -1B" One- family Dwelling District to an "A -2" Apartment House District - Located west of Laguna Shores Road and McNelly Street intersection and south of Glenoak Drive. 3. 0206 -03, N. P. Homes: "F -R" Farm - Rural District to a 'R- 1 B" One - family Dwelling District - Located 600 feet southeast of the intersection of Wooldridge Road and Rodd Field Road. Information may be obtained by calling or visiting the Department of Development I Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. ee . is/ Armando Chapa City Secretary City of Corpus Christi MICHELLE JOYCE CABRERA c *= MY COMMISSION EXPIRES March 19, 2008 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5442338 PO# Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTATIVE 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, Kenedv 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 27TH day(s) of MARCH, 2006. $230.1 C&Oertel-f--eu LEGAL SALES REPRESENTATIVE TWO (2) Time(s) Subscribed and sworn to me on the date of cl ate tub Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. CALLER - TIMES• March 27, 2006. 11F TICE OF PASSAG OF ORDINANCES: NO. 026697, amending the Zoning Ordinance, upon application by Southcorp Realty Advisors, Inc., b changing the zonin map in reference to 2.806 acres out of Lot 17, Forest Park Addition 2, located along Buffalo Street and 200 feet east of Nueces Bay Boulevard, from "B -1" Neighborhood Business District to "B- 3" Business District; NO. 026698, amending the Zoning Ordinance, upon application by N. P. Homes, by changing the zoning map in reference to 20 acres out of Lot 18, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located 600 feet southeast of the intersection at Wooldridge Road and Rodd Field Road, from "F -R" Farm Rural District to "R -1B" One- amily Dwelling District; and NO. 026699, amending the Zoning Ordinance, upon application by Staples Development, LLC, by changing the zoning map in reference to 3.680 acres out of the Nueces River Irrigation ark Annex No. 2, ram "F -R" Farm Rural o "B -4" General siness District with a .801 acre 50 foot "B- 1A" Buffer to the rear Tract 1 and 16.16 cres from "F -R" Farm ural to "R -1B" One- , amity DweNing District on Tract 2; amending the Comprehensive Plan to account for any deviations from the e x i s t i n g Comprehensive Plan. These ordinances were passed and approved by the City Council of the City of Corpus Christi on March 21, 2006. !s/ Armando Chapa City Secretary City of Corpus Chri