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HomeMy WebLinkAbout026838 ORD - 06/27/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY LOUIS AND LUCY EVANS, BY CHANGING THE ZONING MAP IN REFERENCE TO BREZINA FARM TRACTS, BEING A 3.271 ACRE TRACT OUT OF LOT 1, BLOCK 1 FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "1 -2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; 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 Louis and Lucy Evans, 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, May 31 2006, during a meeting of the Planning Commission, and on Tuesday, June 27, 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 Brezina Farm Tracts, being a 3.271 acre tract out of Lot 1, Block 1 located at the southwest intersection of Bratton Road and Brezina Road and west of Weber Road (W.O W.), from "R -1 B" One - family Dwelling District to "I- 2" Light Industrial District. (Map 047034) 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. S Page 2 of 3 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 27th day of June, 2006. CI I OF CORP CHRISTI MICA A Armando Chapa my Garr- t. City Secretary APPROVED: June 13, 2006 f Gary W. Smith Assistant City Attorney For City Attorney Mayor, City of Corpus Christi EFFECTIVE DATE 11-3 /oto H:\ LEG -DIR \Shared \GaryS \agenda 2006 \06 - 2710506 -06 Louis and Lucy Evans reg gws060613.doc Page 3 of 3 Corpus Christi, Texas _) I_ day of vc , , 2006 TO THE MEMtRS 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.. He 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 -1 \LEG -DI R\ Shared\ GaryS \agenda\2006106- 2?'..0506 -06 Louis and Lucy Evans reg gws060613.doc S 3 8 't STATE OF TEXAS JOB NO.05 -7608 COUNTY OF NUECES 3.2710 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lot 1, Block 1, Brezina Farm Tracts as recorded in Volume 41, Page 107 of the Map Records of Nueces County, Texas, sante being known as Lot 1B of a replat to be filed of Lots IA & 18, Block 1, Brezina Farm Tracts, and described by metes and bounds as follows. to -wit: BEGINNING at a 5'8 inch iron rod found for the West corner of said Lot 1, same being the West corner of said Lot 113; THENCE. along the Northwest boundary line of said Lot 1, NORTH 29 degrees 00 Minutes 00 seconds EAST 155.14 feet to a 5/8 inch iron set fora Northwest corner of this tract, same being a Northwest corner of said Lot 1B, same being the West corner of said Lot IA; THENCE, along the common boundary line of said Lots to and lB, SOUTH 61 degrees 30 minutes 45 seconds EAST 165.00 feet to a 5/8 inch iron rod set for an interior corner of this tract, same being an interior corner of said Lot 113, same being the South corner of said Lot 1A; THENCE, along the common boundary line of said Lots 1A and 18, NORTH 29 degrees 00 minutes 00 seconds EAST 280.00 feet to a 5/3 inch iron rod set fur the North corner of this tract, same being the North corner of said Lot IB, same being the East corner of said Lot 1 A, same lying in the Southwest right -of -way margin of Bratton Road; THENCE, along said Southwest right -of -way margin of Bratton Road, SOUTH 61 degrees 30 minutes 45 seconds EAST 253.42 feet to a 5/8 inch iron rod set for corner of this tract and of said Lot 18, same being the point of curvature of a curve to the right at the intersection of Bratton Road with Brezina Road; THENCE, along said curve to the right, a radius of 10.00 feet, a central angle of 87 degrees 52 minutes 57 seconds, a tangent of 9.64 feet, and a length of arc of 15.34 feet to a 5/8 inch iron rod set for a corner of this tract and of said Lot 113, same lying in the 'Northwest right -of -way margin of said Brezina Road; THENCE, along said Northwest right-of-way margin of Brezina Road, SOUTH 27 degrees 33 minutes 38 seconds WEST 388.31 feet to a 5/$ inch iron rod set for a corner of this tract and of said Lot 113; THENCE, continuing along said Northwest right -of -way margin of Brezina Road. SOUTH 29 degrees 00 minutes 00 seconds WEST 37.23 feet to a 5/8 inch iron rod set for the South corner of this tract and of said Lot 1B. same Dying in the Southwest boundary line of said Lot 1; THENCE, along the Southwest boundary line of this tract and of said Lot 1, NORTH 61 degrees 30 minutes 45 seconds WEST 438.25 feet to the place of beginning and containing 3.2710 acres of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyurs Association Standards and Specifications for a Category IA, Condition 11 Land Survey. Dated this the day AA,* 2006. Ronald A. Voss, (Y" Registered Professional Land Sure eyor No.2293 P. 2 c( Dgeh4.% EAFce a5a6-06 - _2t "„iNtTY MAP (N''5) S 15, 6LOc BR!ZINA ARM TRACrr 6m44 AM., d.v"• KOOK p1[ZA5. MMINTn MO ws azoxprio n 15 vOLIPAC COUM1..,..a L,n.LOr11A • wrn. awMir de •°.naTan.waw•- ▪ iaallata.11G au& r.e - .Sr "wAq.a. 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BI C =, 4.6'707 4C LA. 4- M s LOT 1 B 142,484 8 S.G 3 ?7'0 AC ETA 280 DO LOT 1 A 46,198.2 S.F 1 061 AC 10 Y - 6 H 529 ° CC' CO' W 28000' S 275 33' 38" W 388 31' S 29 "00430" W 73 23 BREZINA RQAD (80' R,4 W) V OS S ENGINEERING AND :AND SURVEYING 3756 MATTON ROAD CORPUS CHRI.TI, TEXAS 75413 F_Nij yl.NEERINO, INC ?8' 8546202 FAX: 381 853.4696 217YR-" 2 N 45' W 418A2' 75 54, log 3RAPHIC SCALE. 1" = 50' 0 b so 12113/05 02/1 4/06 RV & DB 05 -7608 /0f 1 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT 1 CITY OF CORPUS CHRISTI 1 ss: Ad # 5500281 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 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 12TH day(s) of JUNE, 2006. $321.73 &01,44., 0.ta-1-yLJ Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of V L Ole Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. MICHELLE JOYCE CABRERA OMMISMON LXPIHES Marsh 10, Mt CA_ L ER- TIMES.JUfle12 2006. Monday. 1 1 F OTICE OF PUBLI 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, June 27, 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 is as follows: 1. 0506 -04, HEB Grocery Company, LP: "R-1B/SP" One- family Dwelling District with Special Permit to a "B- 4" General Business District - Located 167 feet east of Delano Lane and Robert Drive intersection. 2. 0506 -05, Mariano Fernandez: "R -1B" One - family Dwelling District to a "B -1" Neighborhood Business District - Located 500 feet north of McArdle Road and east side of Dorothy Drive. 3. 0506 -06, Louis R. and Lucy Nell Evans: "R -1 B" One - family Dwelling District to a "1- 2" Light Industrial District - Located at the southwest intersection of Bretton Road and Brezina Road and west of Weber Road (WOW). 4. 0506.07, DHS Enterprises: "B -4" General Business District to a "1 -2" Light Industrial District - Located along the northeast intersection of Interstate 37 Access Road and Turtle Creek Boulevard. 5.0506 -08, MG Building Materials: "R -1B" One- family Dwelling District, "B -4" General Business District, "T- 1A" Travel Trailer Park District (T -1A), and a "T -18" Manufactured Horne Park District to an "1 -2" Light Industrial District - Located 2120 feet from the northwest intersection of Ennis Joslin and SPID. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. /s/ Armando Chap City Secretary L City of Corpus Chris ' Mate of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5516084 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 nnexed is a true cope was inserted in the Corpus Christi Caller -Times and on she World Wide Web on the Caller -Times Interactive on the 3RD day(s) of JULY, 2006. $292.63 (),I,ci/LJ Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of 7/4,`1 Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. MICHELLE JOYCE CABRERA MY COMMISSION EXPIAS +� March 19, 2008 •14ray ` LLER TtMES•July_j,2U06•Mond.ay• 11F 11 110 _._ .. LEGAL NOTICES i NOTICE OF PASSAGEi OF ORDINANCES: NO. 026837, amending the Zoning Ordinance upon application by HEB Grocery, Company, LP. by changing the zoning map in reference to Alameda Estates Block 2, Lots 7C 7D. 7E, 7F and a portion o'' Lot 3, (currently zoned "R-1B/SP" One- family Dwelling District with a Special Permit) by granting a Special Permit for 91 parking spaces and a drive - through pharmacy, subject to a site plan and five 5 conditions "i mending Lase` Lon ng rdinance, upon application by Louis and Lucy Evans. by changing the zoning map in reference to Brezina Farm Tracts, being a 3.271 acre tract out of Lot 1, Block 1 from "R -1B" One - family Dwelling District to "1 -2" Light Industrial District; NO. 026839, amending the Zoning Ordinance, upon application by DHS Enterprises, by changing the zoning map in reference to River Square Unit 1, Lot 2, Block 3 (currently zoned "B -4" General Business District) by granting a Special Permit, subject to a site plan and ten (10) conditions; and NO. 026840, amending the Zoning Ordinance. upon application by MG Building Materials. Ltd.. by changing the zoning map in to Joslin Tract, Block A, Lcts 7 and 8. and 0.941 acres out of Lot 3, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from "R- 1 B" One - family Dwelling District, "T -1A (T -1)" Travel Trailer Park District, "T -1 B" Manufactured Home Park District, and "B -4" General Business District to "B -4" General Business District and granting a Special Permit for outside storage, subject to a Site Plan and six conditions, amending the Comprehensive Plan to account for any deviations from the e x i s t i r. g, Comprehensive Plan; providing a penalty. These ordinances were passed and approved by the City Council of the City of Corpus Christi on June 27. 2006. /s/ Armando Chapa City Secretary City of Corpus Chuist�