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Home My WebLink About026894 ORD - 07/25/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DINAH MORTON, BY CHANGING THE ZONING MAP IN REFERENCE TO A 5.255 ACRE TRACT OF LAND SITUATED IN AND OUT OF A PORTION OF FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, LOT 15, SECTION 41, FROM "F -R" FARM -RURAL DISTRICT TO "R-1B" ONE - FAMILY DWELLING 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 Dinah Morton, 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, June 14, 2006, during a meeting of the Planning Commission, and on Tuesday, July 25, 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 a 5.255 acre tract of land situated in and out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Lot 15, Section 41, and located on Flour Bluff Drive approximately 225 feet south of Graham Drive, from "F -R" Farm -Rural District to "R -1 B" One- family Dwelling District. (Map 036032) (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. Page 2of3 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 25th day of July, 2006. Armando Chapa City Secretary APPROVED July 13, 2006 arY �. Smith Assistant City Attorney For City Attorney CITY F CORPUS CHRISTI He ' Garr Mayor, Cit of Corpus Christi H:1 LEG -DIR \Shared\GarySlagenda12006107- 2510606 -02 Dinah Morton Reg.doc EFFECTIVE DATE —2I1IloCa Page 3 of 3 Corpus Christi, Texas 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, Henry 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 C:\DOCUME- 11Jeann!e\LOCALS— Temp10606 -02 Dinah Morton Reg doc 9 9 4 To:323S P.2 z3 STATE OF TEXAS COUNTY OF NUECES BEING A 5.255 ACRE (228,907.66 SQUARE FOOT) TRACT OF LAND SITUATED IN AND OUT OF A PORTION OF LOT 15, SECTION 41, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41 THRU 43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, THIS TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Bearings are based on recorded map of Oak Harbor Estates, a map of which is recorded in Volume 43, Pages 17 & 18, of the Map Records of Nueces County, Texas, and referenced to the monumented east boundary line. Beginning at a 5/8 inch iron rod, found, for the northwest corner of this tract, same corner being the southwest comer of a 2.004 acre tract, a description of which is recorded in Document if 976133, in the Official Public Records of Nueces County, Texas, from which corner, a 5/8 inch iron rod bears North 29° 00' 00" East, a distance of 180.00 feet, for the northwest corner of said 2.004 acre tract; Thence, South 61°00'00" East, with the south boundary line of said 2.004 acre tract, a distance of 254.29 feet to point, for the upper northeast corner of this tract, same corner being the northwest corner of Lot 1, Block 1, Morton Tract, a map of which is recorded in Volume 58, Page 171, of the Map Records of Nueces County, Texas; Thence, South 29°00'00" West, with the west boundary line of said Lot 1, Block 1, Morton Tract, a distance of 186.39 feet to a point, for an inside corner of this tract, same corner being the southwest corner of said Lot 1, Block 1, Morton Tract; Thence, South 61 °00`00" East, with the south boundary line of said Lot 1, a distance of 385.71 feet to a 5/8 inch iron rod with a cap stamped "Pyle & Associates, Inc." set on the west boundary line of a 120.00 foot wide right -of -way line known as Flour Bluff Drive for the lower northeast corner of this tract, same corner being the southeast corner of aforementioned Lot 1, Block 1, Morton Tract, from which corner the northeast corner of said Lot 15, Section 41, Flour Bluff & Encinal Farm & Garden Tracts, bears North 29 °00'00" East, a distance of 386.39 feet, and South 61 °00'00" East, a distance of 20.00 feet; Thence, South 29°00'00" West, with said west boundary line of Flour Bluff Drive, a distance of 283.61 feet to a point, for the southeast corner of this tract, Thence, North 61°00'00" West, a distance of 640.00 feet to a 5/8 inch iron rod found, on the west boundary line of aforementioned Lot 15, Section 41, Flour Bluff & Encinal Farm 8c Garden Tracts, same line being the east boundary line of Lot 14, said Section 41, for the southeast corner of Lot 24, Oak Harbor Estates, a map of which is recorded in Volume 43, Pages 17 & 18, of the Map Records of Nueces County, Texas, and the G12300-239912311 165 05A1DOCVA &B EXHIB ZONING ,AS& aoao -o2 FCr TO:323s P.3i3 northeast corner of Lot 8, Block 2, La Cantera Estates Unit 2, a map of which is recorded in Volume 61, Pages 26 -27, of the Map Records of Nueces County, Texas, and for the southwest corner of this tract; Thence, North 29 °00'00" East, with the east boundary line of said Oak Harbor Estates, same being the common boundary line of said Lots 14 and 15, Section 41, a distance of 470.00 feet to the Point of Beginning, and containing 5.255 acres (228,907.66 square feet) of land. Pyle & Associates, Inc. e Jo Pyle, ' '.L,S. \AC)\*() y �"i.o•M i4 JAMIE J0 PYLE ....� ...................... y... 4860 svf I G`12300- 239912311 165 05A1DOC\M &B EXHIB ZONING State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss Ad # 5520199 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, vho 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 he publication of NOTICE OF PUBLIC HEARING TO which the annexed is a !rue copy_ was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 10TH day(s) of JULY, 2006. $326.14 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date o 9 / // 0 0 �. Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. +'ASRERA '4?. rii M E S .Jul 10 2006 " Monday • 11'F' 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 Ju'y 25, 2006 during a • regular Counci••. meeting which commences at 10:00 a.rn, in the City Council Chambers, City Hall. 1201 Leopard, to consider the following zoning application(s) of w n i c h s a i d application(s) are on tie in the Office of the ,itv 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. 0606 -01, Grace United Methodist Church: "R-1B" One - family Dwelling District to a "B -1' Neighborhood Business District - Located on Church Street and approximately 215 feet north of Leopard Street. 2. 0606 -02, Dinah Morton: "F -R" Farm - Rural District to a "R- 18" One - family Dwelling District - Located on Flour Bluff Drive approximately 225 feet south of Graham Drive. 3. 0606 -04, Hogan Development Co., L.P.: "F -R" Farm - Rural District to a "R- 1B" One-family Dwelling District - Located on Holly Road approximately 2,560 feet east of Lexington Road. 4. 0606 -05, Cross Roads Builders: "F -R" Farm -Rural District to an "R- 2 /PUD -2" Multiple Dwelling District/Planned Unit Development 2 - Located on the north side of Wooldridge Road and approximately 1,200 feet west of Rodd Field Road. 5. 0606-07, Roy D. Bennett: "R- 1B " /SP One - family Dwelling District with a Special Permit to a "B -1 "' Neighborhood Business District - Located along Rand Morgan Road and approximately 410 feet south of Up River Road. 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 Secrets City of Corpus Chrie State cat Texa s Countv of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss Ad # 5536992 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 he publication of, NOTICE OF PASSAGE OF ORDINANCES: which the annexed is a true cope, was inserted in the Corpus Christi Caller -Times and on the World Wide Web of the Caller -Times Interactive on the 31ST day(s) of JULY, 2005. $270.85 &Oenel-cet, 0A/164-KLI Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date o Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. MICHELLE.JOYCE CABRERA k' •OMMISSION .YFIRES h °amh 19, ZGO@ C«LLER- TIME.) 31 2006•Monday 13F OTICE OF PASSAGE OF ORDINANCES: NO. 026893, amending the Zoning Ordinance, upon application by Grace United' Methodist Church, by changing the zoning map in reference to Tract 7 out of the Shell Road Poultry Acres/ Pugh Tract, (currently zoned "R -18" One- family Dwelling District) by granting a Special I Permit for a church - related thrift shop, subject to six (6) conditions; NO. 026894, amending the Zoning Ordinance, upon application by Dinah Morton, by changing the zoning map in reference to a 5.255 acre tract of land situated in and out of a ' portion of Flour Bluff and Encinal Farm and Garden Tracts, Lot 15, Section 41, from "F -R" Farm -Rural District to "R -1B" One- family Dwelling District; NO. 026895, amending the Zoning Ordinance. upon application by Hogan Development Co., L.P., by changing the zoning map in reference to 26.53 acres of Flour Bluff and Encinal Farm and Garden Tracts Lot 1 and a portion of Lot 2, Section 32 from "F -R" Farm -Rural District to "R -18' One- family Dwelling District; NO. 026896, amending the Zoning Ordinance, upon application by Roy D. Bennett, by changing the zoning map in reference to Guth Parkside Annex, Lot 4A, Block 1, from "R- 16/SP" One - family Dwelling Distnct with a Special Permit to "B -1" Neighborhood Business District in the front portion of the property facing Rand Mohan Road and "B- 1A" Neighborhood Business District in the rear portion of the property; amending the Comprehensive Plan to account for any deviations from the e x i s t i n g Comprehensive Plan; providing a penalty. These ordinances were passed and approved by the City Council of the City of Corpus Christi on July 25, 2006. /s/ Armando Chapa City Secretary City of Corpus Christi'