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Home My WebLink About026895 ORD - 07/25/2006AN ORDINANCE 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-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 Hogan Development Co., L.P., 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 W#IEREAS, 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 26.53 acres of Flour Bluff and Encinal Farm and Garden Tracts Lot 1 and a portion of Lot 2, Section 32, located on Holly Road approximately 2,560 feet east of Lexington Road. from "F -R" Farm -Rural District to "R- 1 B" One - family Dwelling District. (Map 039032) (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. 395 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 25th of July 2006 ATTEST, Armando Chapa C IT O1 CORPUS CHRISTI i a Henry Garr tt. City Secretary Mayor City of Corpus Christi APPROVED: July 19, 2006. G rry . Smith Assistant City Attorney For City Attorney H \ LEG -DIR \. eannie \Gary\0606 -04 -iogan Dev reg Jo: EFFECTIVE DATE 7�3) joy 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 Garre 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 \Jeannie \Gary\0606 -04 Hogan Dev reg doc 26.53 ACRES RE- ZONING THE STATE OF TEXAS} THE COUNTY OF NUECES} TO :23S P. 2 BEING a 26.53 acre tract of land comprised of Lot 1 and a portion of Lot 2, Section 32, Flour Bhif and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, and being a portion of that certain tract of land conveyed by George B. Gaines, Jr., et ux to The George B. Gaines, Jr. Family Limited Partnership, LTD. according to Document Number 842208 of the Official Records of Nueces County. Texas, said 26.53 acre tract of land being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING, INC ') set to mark the common comer of Section 27. Section 28, Section 31 and said Section 32, Flour Bhuff and Encinal Farm and Garden Tracts: THENCE, South 6 ] deg. 22' 33" East, along the common line of said Section 31 and said Section 32, a distance of 875.00 feet to a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING. INC.) set for corner in the northeast line of Lot 2, of said Section 32; THENCE, South 28 deg. 38' 47" West, crossing said Lot 2, at 1260.96 feet pass a 5/8 inch diameter rebar (with yellow plastic cap stamped 'URBAN SURVEYING, INC.') set for reference, and continuing for an overall distance of 1320 96 feet to a point for corner in the common line of said Lot 2 and Lot 13 of said Section 32; THENCE, North 6] deg. 20' 04" West, along the common line of said Lots 2 and 13, and the common line of Lot 1 and Lot 14 of said Section 32, a distance of 875.00 feet to a point for the common corner of Lots 8 and 9 of said Section 27 and Lots 1 and 14 of said Section 32; THENCE, North 28 deg. 38' 47" East, along the common line of said Lot 1, Section 32 and Lot 8 of said Section 27, at 60.00 feet pass a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING, INC.') set for reference and continuing for an overall distance of 1320.33 feet to the POINT OF BEGINNING, containing within these metes and bounds 26.53 acres of land, more or less. Bearings based on Texas State Plane Coordinate System, South Zone, using City of Corpus Christi control monuments SP 071 and SP 080. Bearing from SP 071 to SP 080 is North 52 deg. 28' 26.49" West. The foregoing fieldnote description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in May, 2006 and are true and correct to the best of my knowledge and belief. dick Professional Land Surveyor Texas No. 4943 05(Z4 (tic S 15301 rezoning/ttr /05.24.06 2a0t r 73E 1= B£AR/AJJ us£o aV /r,4! VIZ PrwAr Ca:WA fr Sts /FM /SarPN JAN'/ LS /AG twv a'' MOW C/A4rsri AWNS /QflfMn 37 Orl AM SP 0!0 '8(7.4' /.W^ FRO/ SP 07/ rJ SP ON .'S A447N 5? Mr. 15' 1F. .9'stsr/ SF1ION 8e9 4A11. PFTFASOK crW .4177/C /A RAr PF/1RSoV MESS raw /590, A4CF P71 / afn Annex / rimer 7roff (15X.' / `'�O.y f M nti aair STCAeIeON 2,7 T0:3239. FLOUR BAG UFF AND A'NgvAz FA8N / AND GARDAN 1.0'ACTS f YO L NM' A, PACES 11 -13 AMP RA'CQRDS NUNCES CO till TEXAS r4 / / SECT /ON" 31 ili / / ! /FilIDl7 /awl O aiAYgMO / / Mzur hV. IAf7.PJr a' A! r fair (only ir4# $ rs'4•>irF1 lar . 'Ma aAV /4 26. 5.1 / (1,); ,l ACRE. S / / �11r o• mow AM,/ .1241f lA1P. A a rP! Alf /AlLF LQFM Aq / / Ceara" B. /GI 1, ES. AA., £J' OX IV /I f &IOW 8. 841AE3; ✓A. FAN /C r C MUM PAR/AERSRJP. C /O. / aGt7P 1411oo / sue`\_ Oti / / / / / f / SfCTfON 32 sa* r AT ATP TAI, a iavjAC a' A J 5J AM /ANC/ a' tai carnristo or 107 / A el7PrJQV Ar L0/ 1. SCCTiav 11. 42a'.# 0107 .410 fi4r,M1 1:417A1.41/0 GAMY 41S. 0" /YAW /A' 112 41‘ A. AWES I' -+'1 ar /7..f 4 o, Alraft75 I A4.4reYt &V77; )?.1l5, 'We AAlatar PLAT A.AC> ACCaPArATING FJ£LLWplf OfSr3P/PT/ar /E HQrP.IR£0 A7911 443.4eRali 311VFEY.1tfAl' aV !AE GAafIP b1tYA •' 32I4Rr /37a' A!/r. NW. 44V 44F 7RL( .1417 CTRO11 r r0 The Arc"' LIr e/r Jatimrsa- AAtl 1.. e5S /avAA e4417 / / / /V/CAJfS SF/ 54 /ACV P144 1FA • 1 /rii rEaAI'FYAST /C CIFSTA/Fi0 SIN SLNF£PJAC, /AC• ' ■ URBAN us' SURVEYING. INC. vIC76RU. micas (361 1 57I) -9637 SCALE, 1' • 400' JOB NO. 315301 P.3 BSc OloOc9 � `f' State o i Texas County of Nueces ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5520199 PO# Before ne, the undersigned, a Notary Public, this day personally came Sandra ()rum, 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 cjf, NOTICE OF PUBLIC HEARING TO which the annexed is a true copv, was insert, -d 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 C-010trzie/A-a., (),A,1-vt.J Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of ii /c 4, Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. '.1Ui t ^� CALLER - T!MES•JUI 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. July 25, 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 w h i c h s a i d application(s) are on ile 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. 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- 1 B" One - family Dwelling District - Located on Flour Bluff Drive approximately 225 feet south of Graham Dnve. 3. 0606 -04, Hogan Development Co., L.P.: "F -R" Farm - Rural District to a "R- 18" 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 Secretary City of Corpus Chr State o Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5536992 PO # Before e, the undersigned, a Notary Public, this day personally came Sandra Orum, -,vho being firs' 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 : ne publication of, NOTICE OF PASSAGE OF ORDINANCES: which the nnexe(1 is a true= cop\ . was inserted in the Corpus Christi Caller -Times and on he World Wide Web oil the Caller -Times Interactive on the 31ST day(s) of JULY, 2006 $270.84) Oletnielf-cu Ozbervt..1 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date o 2i / - D b Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. WOHFLLE JOYCE CABRERA I : = c)MMISSIOr: EXPIRES Mardi 19 1008 CALLER- TIMES•Jul 31 2006. Monde 13F OTICE OF PASSAGE OF ORDINANCES: NO. 026893, amending the Zoning Ordinance, upon application by Grace United Methodist Church, by changing the zoning map in reference to Tract 7 out of the Shell Road Poultry Acres/ Pugh Tract, (currently zoned "R -1B" One - family Dwelling District) by granting a Special Permit for a church - related thrift shop, subject to six (6) conditions; NO. 026894, amending the Zoning Ordinance, upon application by Dinah Morton, by changing the zoning map in reference to a 5.255 acre tract of land situated in and out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Lot 15. Section 41, from "F -R" Farm -Rural District to "R-1B° One - family Dwelling District; NO. 026895, amending the Zoning Ordinance, upon application by Hogan Development Co., L.P., by changing the zoning map in reference to 26.53 acres of Flour Bluff and Encinal Farm and Garden Tracts Lot 1 and a portion of Lot 2, Section 32 from "F -R" Farm-Rural District to "R -1$' 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- 1B/SP" One - family Dwelling District with a Special Permit to "B -1" N.ei_ghborhood 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 u City of Corpus Chrit