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Home My WebLink About026801 ORD - 05/30/2006Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY G.P. MCCRELESS, JUAN MEJIA AND ENCINO - CIMARRON G.P. C/O TIM CLOWER, BY CHANGING THE ZONING MAP IN REFERENCE TO 39 ACRES OUT OF LOTS 6, 7, 8, 9 AND 10 SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT, "A -1" APARTMENT HOUSE DISTRICT AND "A -2" APARTMENT HOUSE DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; 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 G.P. McCreless, Juan Mejia and Encino - Cimarron G.P. 0/0 Tim Clower, 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, April 19, 2006, during a meeting of the Planning Commission, and on Tuesday, May 30, 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 39 acres out of Lots 6, 7, 8, 9 and 10 Section 11, Flour Bluff and Encinai Farm and Garden Tracts, located 375 feet southwest of the Intersection of Saratoga Boulevard and Cimarron Boulevard, from "R-1B" One - family Dwelling District, "A -1" Apartment House District and "A -2" Apartment House District to `B -1" Neighborhood Business District. (Map 043032 / 043033) (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, LEG- DI R\ garyws\garywskagenda,2006\05 -30 \0406 -06 GP McCreless Regulargws060522.doc Page 2 of 3 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. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. 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 8. 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 30"" day of May, 2006. ATTEST: Armando Chapa City Secretary APPROVED: May 22, 2006 Gary W. Smith Assistant City Attorney For City Attorney CITY • F ORPUS CHRISTI Henry Garr Mayor, City of Corpus Christi EFFECTIVE DATE tp /s[ro(o `,LEG- DIR\garyws \garyws \agenda 2006 \05- 3C+0406 -06 GP McCreless Regulargws060522.doc Page 3 of 3 Corpus Christi, Texas 36dayof _ / , 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. Hehry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H:\ LEG- DIR lgarywslgarywslagenda',2006105- 3010406 -06 GP McCreless Regulargws060522.doc 0 ;2. i3'I1 N44 1245"E 1 1 IC i� i18 117 �]F i1F MtKINZ.IE ROAD. P. 114 4 I t S81 °07'32 "E 555.50' CC▪ :▪ \ tO H, 112 it I` 1 10 511 VFR7ON DR ;! 14 1 1; 1•yt I '7 ° t _S c ` l i s fi r , f° , - I _ ( 1 GRAND TETON. DP. 10.205 AC TRACT REMAIN "R -1B" 60' ACP EASEMENT `S 78 °5g'Sp" E i • PROPOSEt B-1 ZONING • FOR 1.975 AC TRACT o - vv/SPECIAL PERMIT FOR HOTEL ; MOTEL usE N 68'34'06« W 43y5, 1 N 4 EXISTING B-1 ZONING ry FOR 2.5 AC TRACT W/SPECIAL PERMIT FOR HOTEL ! MOTEL USE (ZONING CASE No. 21105 -07) SRC Sr4TT�� -4I s) N 64 °29'43" 117.72' N 68. ti N C) 0 V! Z 0 U) tu rn 0 co Lt) co 0 17 116 N� c' ', 2' 'Cl I,/ I 1 8 I��, �� 99' °C —� c1 H �N ` 15 24 c 7' 2. `J ,� 25 i 26 27 2 (ANNA O , m1rHELINE µA•SI.ER vCL. 1565 FC P.O.B. LEGAL DESCRIPTION FIELD NOTES to describe the boundary of a 1.975 acre tract of land being a portion of a 14.68 acre tract of land described in deed to Arriba Development, LLC as recorded in Document 2005024464, Official Records, Nueces County, Texas and being out of the 6.S. & F. Survey 419, Abstract 570, Nueces County, Texas. LC0 Rtv6Rq 1E\ ESIOES GO, PG. RR vaL c ; . Pn.R. 5e. e 06-7x--02 Coym, Rebut Gutiares Rngineering , L.P. 5656 South Staples, Suite 230 Corpus Christi, Texas 78411 Phone (361) 991 -8550 Fax 993 -7569 end; crg&rori,cah DAM 5/31/2006 F'. FIELD NOTES for a 14.902 ACRES of LAND Field Notes for all of that strip of 14.002 acres of land, reserved and not conveyed in Deed from Arthur Starr and wife, Connie May Starr to R.E. Thurman dated January 20, 1947, recorded in Volume 356, Page 242 of the Deed Records of Nueces County, Texas and referred to in said Deed as being a tract eland 435.60 feet by 1, 400.00 feet of the northeastern end of Lots 6, 7, and 8, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, according to map thereof recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas said 14.002 acres tract being more fully described by metes and bounds as follows: BEGINNING at a point (no monumentation found or set) on the southwest boundary of Saratoga Boulevard, a 120.00 foot wide public roadway for the north corner of Lot 3, Block 1, Brighton Village, Unit 5, a map o which is recorded in Vohune 58, Page 123 of the Map Records of Nueces County, Texas for the east corner of this tract; THENCE South 28° 55' 41" West, (Deed =South 28° 58' 05" West) along the northwest boundary of said Lot 3, at a distance of 0.11 feet pas a found 5/8" iron rod, in all a total distance of 435.26 feet (Deed---435.00 feet) to a 5/8" iron rod found for the south corner of this tract; THENCE North 61° 03' 06" West, at a distance of 1399.74 feet pass a found 5/8" iron rod, in all a distance of 1399.96 feet (Deed-1400.00 feet) for the west corner of this tract; THENCE North 28° 56' 24' East, a distance of 436.11 (Deed = 435.64 feet) to a 5/8" iron rod with a red plastic cap stamped "Urban Engr C.C. TX" found on the southwest boundary of said Saratoga Boulevard for the north corner of the this tract; THENCE South 61° 01' 00" East, along the southwest boundary of said Saratoga Boulevard, a distance of 1399,87 feet t Deed 1400.00 feet) to the POINT OF BEGINNING. P_ 4 • Inca FIELD NOTES for a 19.648 ACRES of LAND 1 ALL that certain tract or parcel of land situated in Nueces Count, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas same being out of Lots 6, 7, 8, 9, and 10, Section 11, Flour Bluff and Encinai Farm and Garden Tracts as recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas same being out of the 65.09 acre tract as recorded in Volume 2013, Page 524 of the Deed Records of Nueces County, Texas, and described by metes and bounds as follows, to-wit: BEGINNING at a 5/8" iron rod found for the East corner, same lying in the Northwest right -of- way Agin of Cimarron Road, same being the South corner of a 14.10 acre tract as recorded in Document #862914 of the Warranty Deed Records of Nueces County, Texas same lying SOUTH 28° 57 30" WEST 1,290.67 feet and NORTH 61° 00' 00" WEST 40.00 feet from a nail and cap found at the intersection of the centerline of Saratoga Boulevard and said Cimarron Road; THENCE along said Northwest right-of-way margin of Cimarron Road, SOUTH 28° 57 30" WEST 108 32 feet to a 5/8" iron rod set for the South corner, same being the East corner of a 19.76 acre tract as recorded in Volume 2108, Page 985 of the Deed Records of Nueces County, Texas THENCE along the Northeast boundary line of the said 19.76 acre tract, NORTH 61° 02'30" WEST 1,100.00 feet to a 5/8" rod set for a West corner, same being an interior corner of said 19.76 acre tract; THENCE, along Southeast boundary line of the said 19.76 acre tract, NORTH 28° 57 30" EAST 313.99 feet to a 5/8" iron rod set for an interior corner, same being an East corner of said 19.76 acre tract, THENCE, continuing along the Northeast boundary line of the said 19.76 acre tract, NORTH 61° 04' 55" WEST 845.15 feet to the 5/8" iron rod set for the West corner, same being the North corner of said 19.76 acre tract, same lying in the common boundary line of said Lot 6 and Lot 5, Section 11 of said Flour Bluff and Encinal Farm and Garden Tracts; THENCE, along said common boundary line Lots 6 and 5, NORTH 28° 55' 05" EAST 590.00 feet to a 5/8" iron rod set for the North corner, same being the West corner of a 14.00 acre tract conveyed to R.E. Thurman as recorded in Volume 245, Page 222 ofthe Deed Records of Nueces County, Texas; THENCE, along the Southwest boundary line of said R.E. Thurman14.00 acre tract, SOUTH 610 02' 30" EAST 1,013.21 feet to a 5/8" iron rod set for an East corner, same being the North corner f a 5.17 acre tract as recorded in Volume 2238, Page 804 of the Deed Records of Nueces County, Texas. C a e - awns•- 04 P. THENCE, along the Northwest boundary line of said 5.17 acre tract, SOUTH 28° 55' 05" WEST 59 29 feet to a 5/8" von rod set for an interior corner, same being the West corner of said 5.17 acre tract; THENCE, along the Southwest boundary line of said 5.17 acre tract, SOUTH 61° 04' 55" EAST 34.87 feet to a 5/8" iron rod set, THENCE, continuing along said Southwest boundary line, a curve to the right with a central angle of 21' 04' 59 ", a radius of 836 16 feet, a tangent of 1 55,60 feet and a length of arc of ;07 68 feet to a 5/8" iron rod set. THENCE. continuing along said Southwest boundary line, SOUTH 40° 00' 00" EAST 54.83 feet to a 5/8" iron rod set for an East corner. same being the South corner of said 5,17 acre tract, same lying in the Northwest boundary line of said 14.10 acre tract; THENCE, along said Northwest boundary line of the 14,10 acre tract, SOUTH 28° 55' 05" WEST, passing through a 5/8" iron rod found at 12 16 feet, a total distance of 32.16 feet to a 5/8 inch iron rod set for a corner, same being the West corner of said 14.10 acre tract; THENCE, along the Southwest boundary line of said 14.10 acre tract, SOUTH 40° 00' 00" EAST 246.45 feet to a 5 /8" iron rod found, T ONCE, continuing along said Southwest boundary line of said 14.10 acre tract, a curve to the lei with a central angle of 20° 59' 59 ", a radius of 600.00 feet, a tangent of 111.20 feet and a length of arc 219.91 feet to a 5/8" iron rod found; THENCE, continuing along said Southwest boundary line of said 14.10 acre tract, SOUTH 61° 00' 00" EAST 100.00 feet to the POINT OF BEGINNING containing 19.648 acres of land. cok.5e N° 04/06- C2C State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } CITY OF CORPUS CHRISTI 1 ss: Ad # 5478268 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra OrLm, who being first duly sworn, according to law, says that she is Legal Salts 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 which the annexed is a true cope, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 15TH day(s) of MAY, 2006. $302.86 Olertel-cet, Gte.1*.1 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date tvlo /19 Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. t% MICHELLE JOYCE CABRERA M`' c;OMMISMON eXPIRts Moe 10, 2008 CALLER - TIMES. May 15, 2006 "Monday. 11F NOTICE OF PUBLIO HEARING TO CPCONSIDERONI(gM G 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, May 30, 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. 0406 -06, GP McCreless, Juan Melia and Encino- Cimarron GP c/o Tim Cower: "R-18" One- , family Dwelling District/ "A -1" Apartment House District/ "A -2" Apartment House District to a "B -1" Neighborhood Business District - Located 375 feet southwest of the intersection of Saratoga Boulevard and Cimarron Boulevard. 2. 0406 -07, Alan Anderson: "I -2' Light Industrial District to an "1 -3" Heavy Industrial District - Located at 1111 Southem Mineral Road and approximately 450 feet north of Sedwick Road. 3. 0506 -01, Arrlba Development, LLC: "R -1B" One - family Dwelling District to a "B- 4" General Business District - Located at the northwest intersection' of Interstate 37 frontage road and Sessions Road. 4. UDua uz, r d:an • Farataiaidan: "R-113 " One - family Dwelling District to a "B -4" General Business District - Located along the southwest comer of Clarkwood Road and the newly constructed State Highway 44 Bypass. 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 Secretary �► City of Corpus Chris* State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5495334 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 c 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 f, 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 or the Caller -Times Interactive on the 5TH day(s) of JUNE, 2006. $276.67' rY ". MICHELLE JOYCE CABRER.A AY COMMISSION EXPIRES m4rch 19. 200e Gibez-n-LI 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. 1OF NO E OF NO. 026801, amending the Zoning Orchriance, upon application by G.P. McCreless, Juan Melia and Ercino- Cknarron G.P. r Ti Claimer, by c the zoning rns in ref`rence 10 39 ;Acres out of Lots 6, 7, 8, 9 and 10, 11, !lour Bluff and Farm and G Trails, front Al Apt:' District and :A -2" Apartment House District to $ -1" Neighb.orh ad changing he in 1 acavut4.9 acres Out of Lilt 8, Block B, Oieker Addition (currently zoned I -2" tight Industrial Dist ' by granting a I Perrrrt for an fuel ground fuel bounds desc NQ. 086183, the Zoning OrdM 1 Aritla Da the taming map in referee's changing the 1.97 acres out 8.S. & F. Survey 419,' Abstract 570, !hams County, from ` fi -18 One - family Dhelling District to B -1" Neighbor #p.od a in 5:799 ot+t of 954.E Abstract 9fSlf, County, Texas, Ft 19 One- ta:mity Dw&Iing Disi • to 8- 4" general Diable; arnsntig ire Comprehensive PMIn 10 account arty deviations f the e x i s t n g Comprehensive; Plan; providing a penalty clause. hese ordinances were passed and by the City .',. of the City of Chest on 2886.