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HomeMy WebLinkAbout026714 ORD - 03/28/2006Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BRASELTON LAND VENTURES, BY CHANGING THE ZONING MAP IN REFERENCE TO 23.265 ACRES OUT OF SOUTH 71.18 FEET OF LOT 4, ALL OF LOT 5 AND THE NORTHEAST PORTION OF LOTS 12 AND 13, SECTION 25, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, LOCATED SOUTH OF SLOUGH ROAD AND EAST OF RODD FIELD ROAD, FROM "FR" FARM -RURAL DISTRICT AND "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 Braselton Land Ventures, 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, February 22, 2006, during a meeting of the Planning Commission, and on Tuesday, March 28. 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 23.265 acres out of south 71.18 feet of Lot 4, all of Lot 5 and the northeast portion of Lots 12 and 13, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located south of Slough Road and east of Rodd Field Road from "F -R" Farm Rural District and "R-1B" One - family Dwelling District to "R-1C" One - family Dwelling District. (Map 062050) 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 -28 \0206- 08BraseltonRegulargws060313.doc rt2F3 ( 1 4 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 28th day of March, 2006. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 20 2006 Gary W. Smith Assistant City Attorney For City Attorney :1/L.[L.�►. ` /ice �L�� enry Gar tt Mayor. The City of Corpus Christi EFFECT DATE 0 (v !i ,LEG- DIR \garyws \garyws \agenda 2006103 -28\ 0206- 08BraseltonRegulargws060313.doc Page 3 of 3 Corpus Christi, Texas AR/b.-day of 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, Hen 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 rf Respectfully, aikansk_ i LEG- DIR \garyws'\,ga.ryws \agenda 2006 \03 -28\ 0206- O8BraseltonReguulargws060313 .doc fl2f 7 I4 'ound No. for Northwust ,omer �r t' 47 "' Acres F08 Northwest Come, of 'Share 1" � In the Commissioners' Report filed on November 23, 1998, And as supplemented on March 4, 1999, in Cause No. 98-4496-1 148th District Ci art, Nueces Co.,nty, l esas DETAIL 0 63' Northwest ,'orner of ' Shore r Found Nail 'ror in the Commissioners Report filed on November 23, 1998. Northeast Corner And as supplemented on March 4, 1999, in Canoe No 98- 4496 -E. 1 of 17 873 acres 148th District Court. *times County. Texas JBS• 61' 00' 00" E it e 71.16 589.44 ) r30 :74 LOT 660.31' 4o14hsast Corner Of Lot 4 Northwest Corner 01 Lot 5 /1 B1' 7' 18' �- 4U 8 81 f 731.49' 23.265 Ac. LOT 5 20 014 Ac Set Nod Northeast Corner 01 Lot 5 Northwest Corner Of Lot 6 Found SLOUGH ROAD 5/8" I Rod S 61' 00 00' E 660.31' If Set 5/8" 1 Rod At 40' For Reference 589 35 0 100 An. LOT 4 _ _ - -_- 660.22' I LOT 5 LOT 17 /� r - LOT 12 J 0.963 Ac. Faced 5,/P' 'WtRILSa04860'rrpi°N 61' 00' 00" f W Southeast Corner Saolhweat Corner 77877 SZAW — —OT 27365 7s-crs -- — -- (DLOT� 13 e) R N.RM M In Cn Set 5/6" ommon LOT 6 v` & E G R C S G F K LOT 12 f TNIS PROPERTY LIES LN ZONE B (AREAS BETWEEN LIMITS OF THE 100 -YEAR ROOD AND 500 -YEAR FLOOD; OR CERTAIN AREAS SUBJECT TO 100 -YEAR 11.000ING WITH AVERAGE DEPTHS LESS THAN ONE (1) FOOT OR WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN ONE SOUARE MILE; OR AREAS PROTECTED BY LEVEES FROM THE BASE FLOOD) AND ZONE A13 (81.10) (AREAS OF 100 -YEAR ROOD; BASE FLOOD ELEVATIONS AND 8000 HAZARD FACTORS DETERMINED) AS PER THE NATIONAL FL000 INSURANCE PROGRAM MAP OF SURVEY OF COMMUNITY No. 485494, PANEL No. 0640, SUFFIX °C. HAVING AN EFFECTIVE DATE OF MARCH 18. 1985. A 23,265 ACRE TRACT OF LAND BEING ALL OF LOT 5 AND THE MOST SOUTHERLY 7'.18 FEET OF LOT 4 AND THE REFERENCE: MAP RECORDS NORTHEASTERLY PORTION OF LOTS 12 AND 13, SECTION 25, RECORDED: FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS VOL A PAGE 41 42 & 43 CORPUS CHRIST, NUECES COUNTY, TEXAS SCALE: 1" = 200' DATE: July 7, 2005 731.40' J� Southeast Comer - 01r272E5'Fcro8 — - XP-SO ST ERE ,S1 • /'4 Qe .'... \EL"' t; L, SAMPLE , • .. • .0 3534 tr": <ND SUF0 01 cols 5, 6, 11 and 12 LOT 6 LOT 11 ui M N 29 00' 00' E (Deed) 1 Drainage Easement To City Of Corpus Christi Volume 2005, Page 880, —� Deed Records, Nueces County, Texas LOT 11 Me undersigned does hereby certify that this survey was this day mode, on the ground of the property legally described hereon, and Is correct. and Mot there ore no discrepancies, conflicts, shortages in area, boundary line conflicts, visible encroochments, ovenopping of imprwroments, easements or apparent rights -of -way, except os shown hereon. and said property hos access to ono r-arr a dedicated roadway, eyes./ as shown hereon - GDWAPD t SAMPLE P ofessi• .1 Land Strveyo: ENSE Nc 3534 DWG FILE: SLOUGH FIRST AMERICAN TITLE CO. GF# 618387 —CC35 For: CAROL SYLVIA SMITH J SAMPLE ENGINEERING, INC. 4925 EVERHART ROAD, SUITE 119 CORPUS CHRISTI, TEXAS 78411 (36') 806 -0400 State 01 I'e xas )Linty >f Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss Ad # 5430977 PO # 06ts ' !r, AM10:09 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, Rcfugio, 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 13TH day(s) of MARCH, 2006. $302.86 SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of MARCH 14, 2006. Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. MICHELLE JOYCE CABRERA !AY COMMISSION EXPIRES M*mh 19, CALLER TIMES•March 13, 2006. Monday• 11F PUBLIC' HEARING TO CONSIDER ZONING APPLICATIONS) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday, March 28, 2006 during a regular Council meeting which commences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to oansicler the following zoning application(s) of which said application(s) are on file in the Office of the City Secretary and the Department of Planning. At said time and place of hearing, all persons and parties interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as follows: 1. 0206-04, Texas Star Investments, Inc.: "R- 18" One - family Dwelling District to a "B- 4" General Business District - Located on the north side of Interstate Highway 37 and north of Violet Road. 2. 0206 -05, Wayne Lundquist, Trustee: "B -1' Neighborhood Business District to a "B -4" General Business District - Losatad along the of S. "" � and 10 b$Ve. 3. 02 6 -06, John Mlkulencak: "T -1 C" Manufactured Home Subdivision and a "B- 1' Neighborhood Business District to a "R -1C" One - family Dwelling District - Located 200 feet south of IH -37 and west of Lantana Street. 4. 0206 -08, BrassRon Land Ventures: "F-R" Farm -Rural District and °R -1B" One - family Dwelling District to a "R- 1 C' One - family Dwelling District - Located south of Slough Road and east of Rodd Field Road. 5. 0106-02, Javelins ' Company: "1 -2" Light Industrial District to an "I -3" r Heavy Industrial District - Located along Eden Lane and 400 feet of McBride Lane. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. !s/ Armando Chapa City Secrete City of Corpus Chri � _1 �` 10:32 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5447662 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 3RD day(s) of APRIL, 2006. $334.87 MMCH!~LLE JOYCE RERA ommasto, expIRES Mach 19. 2c &Of-I-L.064u aut-ii,LJ 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. CALL ER-TIMES•Aard OF NO. 021011, wd the Zoning Ottlineros, upon appkation by Texas Star Investments, Inc., by changktg the zoning map in reference to 1 2039 acres, consisting of Lot 1-R and a pottion of Lot 2, Block 201 the Noakes Patlidon, located north of be intersection of Intertdate Ffighway 37 and Violet Road from "R-113` One-family Dwelling District to '8- 4' General Busintas District NO. 0211712, amending the Zonktg Ordinance, upon application by Wayne Lundquist, Trustee by changing the zoning map in reference to 5.88 acres 001 01 Flour Muff and Encinal Farm and Garden Tracts, south 1/2 of Lot 9, Section 5, currently zoned "F-Pr. Farm- by warding Special Permit for gymnaskim use, subject to two conditions; NO. 031713, amending th Zoning Ordinance, upon application by John Milculeneak by changing the zoning map ki reference to 11.137 acres out of Blocks 1, 2, and 3, Ling 1, Packs Intentions_ ...V Business Park, located 208feet south of IH-3V and west of Lantana Street, from II-1" Neighborhood Business Matt and 7-1C" Manufactured Home Subdivision District to "R-1C One- tardy Dwelling Otetrict; NO. W14, the Zoning ,0 upon applisalien byg Braseiton Land) Ventures, by changing the zoning map in reference to 23.265 acne out of south 71.18 feet of Lot 4, all of Lot 5 and the Lots 12 and 1 northeast portioni Section 25, Flaur ab and Encinal Fatal and Garden Tracts, IOd south of Slough Road and east of Rodd Field Road, from "Fircarm- Rural District and "Ft- 113" One-family Dwelling Distnatto "R- 1 C One-family Dwelling District and 910.0221/115, amending be Zoning Ordinance, upon applicsion by Java** Company, by changing the zoning map in inference to Ethers Garden Tract 8, from '1-2" Light industrial Districtio "I- 3" Heavy indmitrial Mtt, oblestiOnabilt use; amending the Comprehatudve Plan tc account for any deviations from, the existing Comprehensive Pkan. These ordinences were passed and approved by the City Council of the Qty of Corpus Christi on Mask 21, 2006 1/ MOP* OW 811:2 City of Corpus ,41p'