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Home My WebLink About026896 ORD - 07/25/2006AN ORDINANCE 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" NEIGHBORHOOD BUSINESS DISTRICT IN THE FRONT PORTION OF THE PROPERTY FACING RAND MORGAN 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 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 Roy D. Bennett, 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 28. 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 Guth Parkside Annex, Lot 4A, Block 1, located along Rand Morgan Road and approximately 410 feet south of Up River Road, from "R- 1 B " /SP One - family Dwelling District with a Special Permit to '`B -1" Neighborhood Business District in the front portion of the property facing Rand Morgan Road and "B- 1A" Neighborhood Business District, approximately a 198 foot portion of the rear property. (Map 059048) 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. Page 2 of 3 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 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 ATTEST: Armando Chapa City Secretary APPROVED: July 19, 2006. Gary Smith Assistant City Attorney For City Attorney H' \LEG- DIR \Jeannie\Gary\0606 -07 Roy D Benett Alt.doc CITY CORPUS CHRISTI Henry Garre Mayor. City of Corpus Christi EFFECTIVE DATE -2/3009 Page 3 cf 2 Corpus Christi, Texas day of ` , 2006 TO THE MEMBRS OF HE 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, H nry Garr Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia WNliam Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H \LEG -DIR \Jeannie \Gary \\0606 -07 Roy D Benett Alt do,,' R` r r♦ i .r ;‘,)t L4O9 IMKE17i2 have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto R. DALE BENNETT and wife, NORMA BENNETT of Nueces County, Texas, all that certain Nueces p perty situated in County, Texas, described as follows, to -wit: Tract 4 of a resubdivision of a portion of a 98.246 acre tract out of the SE corner of the P. Hinojoaa Survey No. 422, State Abstract No. 850; the tract covered hereby being more particularly described by metes and bounds as follows: COMMENCING at an iron pipe in the County Road which marks the SE corner of Survey No. 422; THENCE, N. along the center line of said County Road a distance of 1,667.27 ft. to a point; THENCE, W. 30 ft. to an iron pipe set for SE corner of this tract and the place of beginning; THENCE, W. 357.40 ft. to a point, the SE corner of Tract 5 of the above mentioned resubdivision; for the SW corner of this tract; THENCE, N. along the E. line of Tract No. 5, 200 ft. to a point for NW corner of this tract and SW corner of Tract 3 of the above mentioned resubdivision; THENCE, E. along the S. line of Tract No. 3, 357.40 ft. for NE corner of this tract and SE corner of said Tract 3, said point being on W. ROW line of the County Road; THENCE, S. along W. boundary line of county Road 200 ft. to PLACE OF BEGINNING. SUBJECT TO; Oil gas and mineral lease dated March 2, 1946, John G. Kenedy, Jr. et al to Renwar Oil Corporation, recorded in Vol. 78, Page 531, Oil & Gas Records of Nueces County, Texas, and assigned by instrument dated April 4, 1946, Phillips Petroleum Company, recorded in Vol. 79, Yage 369, Oil & Gas Records of Nueces County, Texas, together with all subsequent instruments thereunder; and subject to 63/64 of all oil, gas and minerals reserved in deed dated February 5, 1946, John G. Kenedy, Jr. et al to G. R. Swantner et al, recorded in Vol. 322, Page 476, Deed Records of Nueces County, Texas; and subject to all remaining oil, gas and minerals reserved in deed dated February 15, 1947, G. R. Swantner et al to Edgar Linkenhoger, recorded in Vol. 361, Page 25, Deed Records of Nueces County, Texas. This conveyance is made subject to any and all restrictions, covenants and easements, if any, relating to the hereinabove described property, but only to the extent they are still in effect and shown of record in the hereinabove mentioned County and State. TO HAVE AND TO HOLD the said premises, together with all rights, hereditanients and appurte- nances thereto belonging, unto the said grantee s above named,their heirs and assigns forever. And we do hereby bind our se Ives , our heirs, executors and administrators, to WARRANT AND FOREVER DEFEND the title to said property unto the said grantee s above named, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. pose O(oO0-01 J[ Eli kf:l_lifit4 1565 l'AGI 737 LiL409 *4E1713 NEt.tinS EXECUTED tnis the 7th day of clay, 1976. vol 1565. PALE 738 KARL M. CRIDER CAROLE B. CRIDER STATE OF TEXAS COUNTY OF NUECEs Before me, the undersigned authority, on this day personally appeared KARL M. CRIDER and wife, CAROLE B. CRIDER kpor`dn to me'to be the persons whose names are subscribed to the foregoing instrument, and aF knowledged to me that they executed the name for the purposes and consideration therein expressed. Given ui d r my hand and seal of office, this ��— dsy of pray, 1976. STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and ac- knowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this day of Notary Public County, Texas. 4&Sc0(006 -0i P011.452 M4Cf 507 have GRANTED, SOLD AND CONVEYED, and by these presents do CONVEY unto ROY DALE BENNEIT and wife, NORMA J. B 1'NE'TT . GRANT, SELL AND , ?f :1,i..4Rii fl! 1ta. i9 P,0.1:7 1 of ; dueces County, Texas, all that certain property situated in Nueces County, Texas, described as follows, to -wit: Portion of Tract 5 of a resubdivision of a portion of a 93.246 acre tract outof the P. Hinojosa Survey No. 422, State Abstract No. 850, and being described by metes and bounds as follows: BEGINNING at SW corner of Lot 4, Block 1, Guth Parkside Annex, as shown by map recorded in Vol. 42, Page 42, slap Records of Nueces County, Texas, said point being SE corner of Tract 5; THENCE, N. 200.0' along W. boundary of Lot 4, Block 1, Guth Parkside Annex to NE corner of this tract and NW corner of Lot 4, Block 1; THENCE, U. 198.38' to NW corner of this tract, and NE corner of Lot 7, Block 2, Guth Parkside, as shown by map recorded in Vol. 15, Page 35, Map Records of Nueces County, Texas; THENCE, S. 200.3' along E. boundary of Guth Parkside, Block 2, to SW corner of this tract and SE corner of Lot 8, Block 2, Guth Parkside; THENCE, E. 1.98.04' along S. boundary of Tract to corner of this tract and POINT OF BEGINNING, and containing 0.910 of an acre. SUBJECT TO: Oil, gas and nineral lease dated February 5, 1957, Elena S. Kenedy et al to Del Mar Drilling Co., recorded in Vol. 158, Page 386, Oil & Gas Records of Nueces County, Texas; and subject to oil, gas and mineral lease dated June 20, 1957, Elena S. Kenedy et al to Roman S. Waldron, recorded in Vol. 161, Page 80, Oil & Gas Records of Nueces : :ounty, Texas, and all subsequent instruments thereunder; and subject to 63/64 mineral interest reserved in warranty deed dated February 5, 1946, John G. Kennedy, Jr. et al to C. R. Swantner et al, recorded in Vol. 322, Page 476, Deed Records of Nueces County, Texas; and subject to all remaining oil, gas and minerals reserved in warranty deed dated February 15, 1947, G. R. Swantner et al to Edgar Linkenhoger, recorded in Vol. 361, Page 25, Deed Records of Nueces County, Texas .. This ::onveyance is made subject to any and all restrictions, covenants and easements, if any, relating to the above described property, but only to the extent they are still in effect and shown of record in the above mentioned County and State. TO HAVE AND TO HOLD the said premises, together with all rights, hereditament, and appurte- nances thereto belonging, unto the said grantee s above named, their heirs and assigns forever. And we do hereby bind ourselves, oui heirs, executors and administrators, to WARRANT AND FOREVER DEFEND the title to said property unto the said grantee s above named, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. DOYFlcv, Case 060(9-07 EXECUTED this 4th day of March , 1977. STATE OF TEXAS COUNTY OF NUECES mu. 452 wail 508 C.,e L ,A.L !/L fii RpLAN D A. SCRITTE eLLM EDIT'}I SCHUEETE Before me, the undersigned authority, on this day personally appeared ROLAND r,- SCHUETTE and wife, EDITH SCHUETTE horns to me to be the person s whose name s are subscribed to the foregoing instrument, and acnowledged to nje that the y executed the same for the purposes and consideration therein expressed. (Prep ,under my hand and Beal of office, thLa 2 day of STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this day of Notary Public County, Texas. Cerise 000 (0-oi h 4r-;l; State of Texas County ,f Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI `s Ad # 5520199 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra ()rum, \\Th.o being first duly sworn, according to law, says that she is Legal Sales Representative c,f 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 Refugia, San Patricio, Victoria and Webb Counties, and that 'he publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a *rue cop was a iserteI 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. $326.1 &Ofrrt-e6-eu ()A,e--vt.J Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of '7 //% 6 Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. a= - T ! 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 canduct a public hearing on Tuesday, July 25, 2006 during a regular Council 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 h i c h s a i d application(s) are on Pe in the Office of the C'ty 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 '8 1 " Neighborhood Business District - Located on Church Street a n d approximately 215 feet north of Leopard Street. 2. 0606 -02, Dinah Morton: "F -R" Farm - Rural District to a "R- IB" 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- 1 B" 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 a n d 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. Is/ Armando Chapa City Secrets City of Corpus Chrif State 01 Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5536992 PO # :Before me, tl-,e undersigned, a Notary Public, this day personally came Sandra Oruro, who being first dull.- 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 >f, NOTICE OF PASSAGE OF ORDINANCES: which the nnexeci is a ° rue - opy was inserted in the Corpus Christi Caller -Times and on e World Wide Web on the Caller -Times Interactive on the 31ST day(s) of JULY, 2006. $270.8: 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. M CHELLE JOYCE CABRERA `OMMISSV :XFIRES • biainh19, 608 L !_ ER-TIMES. Jul 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 -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 i 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-1B/SP" One - family Dwelling District with a Special Permit to "B-1" Neighborhood Business District in the front portion of the property facing Rand Morgan 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 ordinance 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