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HomeMy WebLinkAbout026867 ORD - 07/11/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BUCHALTER REAL ESTATE, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO ONE ACRE OUT OF PAISLEY'S SUBDIVISION, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "B -1A" NEIGHBORHOOD BUSINESS DISTRICT 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 Buchalter Real Estate, 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, May 31, 2006, during a meeting of the Planning Commission, and on Tuesday, July 11, 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 one acre out of Paisley's Subdivision, located 150 feet from the northeast intersection of Sycamore Place and Greenwood Drive from "R- IB" One - family Dwelling District to "B-1A" Neighborhood Business District. (Map 049040) (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. 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. ,U7 INDEXED 'Page2of3 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 11th day of July, 2006. ATTEST: CI OF CORPUS CHRISTI Armando Chapa ' H - n ar City Secretary APPROVED: June 29, 2006. • G.ry r, Smith Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H:\ LEG -DIR \Shared \GaryS \agenda\2006 \07 -11 \0506 -09 Buchalter alt gws060627.doc Page 3 of 3 Corpus Christi, Texas 11 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, Respectfully, Council Members Henry Garrott Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett CU y Brent Chesney John Marez Jerry Garcia Citif William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H:\ LEG -DIR \Shared \GaryS \agenda\2006 \07 -11 \0506 -09 Buchalter alt gws060627.doc V ^ LEGAL DESCRIPTION BEING A 1.00 ACRE PARCEL OF LAND OUT OF PAISLEY'S SUBDIVJSION, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. FURTHERMORE DESCRIBED AS FOLLOWS; POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF PAISLEYS SUBDIVISION, ON THE EASTERLY RIGHT -OF -WAY LINE OF GREENWOOD ROAD; THENCE RUN N 28°22'11" E ALONG SAID EASTERLY RIGHT -OF -WAY LINE A DISTANCE OF 120.00 FEET TO A POINT: THENCE LEAVING SAID EASTERLY RIGHT -OF -WAY LINE, RUN S 61 °40'45" E A DISTANCE OF 363.00 FEET TO A POINT; THENCE RUN S 28"22'11" W A DISTANCE OF 120.00 FEET TO A POINT; THENCE RUN N 61.40'45" W A DISTANCE OF 363.00 FEET TO THE POi.NT OF BEGINNING. HEREIN DESCRIBED PARCEL CONTAINS 1.00 ACRES, MORE OR LESS. STATE OF TEXAS COUNTY OF NUECES 1.000 ACRE A DESCRIPTION OF A 1.000 ACRE TRACT OUT OF LOT 12, SECTION D, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT AS RECORDED IN VOLUME A, PAGE 28, DEED RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING at a (80' R.O.W.), for 53, Plat Records the herein deal THENCE with distance of 120.1 north cornett oldie inch iron rod found io the southeast tight-of-way line of Greenwood Road north corner of 0raenweod Path, Unit 1, as recorded in yoiu to 17, Page County, Texas and for the welt comes of said Lot 12, Section D and tract: southeast right-of-way lice of Greenwood Road. North 7.11'22'11" East, a (called North 2r 19' 15" East), to a Fa inch iron rod with cap act for the der: abed tract; THENCE into and severing said Lot 12, Section D the following two (2) comes 1) South 6 "40'45" Zest, a distance ef263.06 feet, to a''A inch iron rod with cap act, 2) Sachs '11" West, a distance of 120.00 feet, the a xA inch iron cod with cap eat in rim= ., 1JL :11 1 IM 1 Mil gilt Nil 'the Psds, Unit 1 bars South 61.40'45" Fast, a distance of 917.23 feet, (celled South 6 40'45" East); THENCE with ' northeast line of said Greenwood Park, Unit 1, North 61 °4045" East, a distance of feet, (called North 61 °40'45" East), to the POINT OF BEGINNING and containing 1.100 Beres of land. The BEARING BASIS heroin is the mon mtaated northeast line of said Greenwood Path, Unit 1, North 61°40'45" East, a distance of 120.23 feet, ( called North 61•40'4$° Eaet,1200.00 feet) 1, Shawn T. Ash, do testify that this desoripden and associated eubdbit were prepared from a boundary s,C, performed tinder my direction doting March 2006, and is true and correct to the best duly knowledge and belief Sbewn T. Ash Rimed Professional Lend StavcYor No. 5687 Stale of Texas Attainments: Militia of 1.000 sae tract lob: 064222 Og /to (oro Date 05/22/2004 YON 15:40 fT2/RY NO 58551 81004 Y Z p 0 N a Mao 1 70' 26' 19' S 28'22'11' 120.0 to 45' nnr Q a G '0 '0 0' 0 So g ,3 o • ao S32t3'' 000' 72' 12' 12' 12 GREENWOOD ROAD (80' R,O.W,) 9 V engineering group, inc. BMW En`(aeeriaa Croup, 1 aoll Oak Moaataln Circle Pelham, Alabama nom (ao3)asa.69114 Fan Om) 3aoy8a4 1 OSao o1 (tctlooLo State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5510167 PO # d a 6 srt 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 26TH day(s) of JUNE, 2006. $195.19 &el-nelcet, atz-n-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. 'PV P% i. ;�•••• +�; MICHELLE JOYCE CABRERA MY COMMISSION EXPIRES ti;. March 19, 2008 CALLER -TI S• June 2 •Monday• 11F NOTICE OF PWI.ICT HEARING TO CONSIDER ZONING APPUCATION(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 on Tuesday, July 1 , 2006 during a regular Council meeting which commences at 10:00 am. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning applications) 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. 0506-09, Buchalter Reel Estate, LLC: 113" One - family Dwelling District to a'B- 1' Neighborhood Business District - Located 150 feet from the northeast intersection of Syca- more Place and Greenwood Drive. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826 - 3560, 2406 Leopard Street. 1s/ Armando Chapa City Secretary NikCity of Corpus Civil State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } CITY OF CORPUS CHRISTI } ss: Ad # 5526290 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 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 17TH day(s) of JULY, 2006. $119.53 aut-41-LJ Legal Sales Representative TWO (2 ) Time(s) Subscribed a d sworn to nzein the date of titoLt Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission ex.ires on March 19, 2008. A ' �' », MICHELLE JOYCE CABRERA * MY COMMISSION €xPIRES March 15, 2008 CALLE fir. 1 1 F ariCtoP OF OIIDINA fil0. Aminding Ordinance, upon Zoning application by r Rettilistaa, LLC, by changing tie zoning map in reference to one acre out of Paisley's Subdivision, from `R- 1B• One - family Dwelling District o 'B- 1A• Neighborhood Business District; amending the Comprehensive Plan to amount fee any deviations from the e x i s t i n g Comprehensive Plan; providing a penalty. This inane woe passed and approved by the City Council of Mel/ of Corpus on July ft, 200& A tiAnnettdo playa City of Corpus C�hn'aj