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HomeMy WebLinkAbout026923 ORD - 08/22/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ACCESS PROPERTIES, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO FARIAS GRANT OUT OF LUBY TRACT 6 ABSTRACT 592, TRACT 1 BEING 8.84 ACRES OUT OF 27.82 ACRES AND TRACT 2 BEING 9.35 ACRES OUT OF 27.82 ACRES, FROM "T- 1B" MANUFACTURED HOME SUBDIVISION TO "B -4" GENERAL BUSINESS DISTRICT FOR TRACT 1 "1 -2" LIGHT INDUSTRIAL DISTRICT FOR TRACT 2; 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 conceming the application of Access Properties, Ltd., 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, August 22, 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 Farias Grant out of Luby Tract 6 Abstract 592, Tract 1 being 8.84 acres out of 27.82 acres and Tract 2 being 9.35 acres out of 27.82 acres, located at the intersection of County Road 52 and US Highway 77 from "T -1 B" Manufactured Home Subdivision to "B -4" General Business District for Tract 1 and "1 -2" Light Industrial District for Tract 2. (Map 0660491/066050) 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 22nd day of August, 2006. ATTEST: Armando Chapa City Secretary APPROVED: August 16, 2006. Gay W. Smith Assistant City Attorney For City Attorney CITY CORPUS C RISTI Henry Garrett Mayor, City o Corpus Christi H:1 LEG- DIR \Shared\GaryS\agenda12006108- 22\0606 -08 Access Properties reg.doc EFFECTIVE DATE g)2 21) 0 fa 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. 1 /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, enry Garrott Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jcn Marez Jerry Garcia Wiliam Kelly Rex A. Kinnison Melody Cooper Jesse Noyola M*rk Scott H:1LEG -DIR \Shared \GaryS\agenda'\2006108 - 2210606 -08 Access Properties reg.doc 17 2II9 3 HURRAY BAss, JR., P.E.,R.P.T S. NIXON M_ WELSH, P,E.,R,P.LS. 3054 S. ALAMEDA, ZIP 78404 PH. 361 882 -5521 FAX 361 882 -1265 BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 FIELD NOTE DESCRIPTION Tract 1 May 30, 2006 Being. tract situated in Corpus Christi, Nueces County, Texas, a portion of that 27.82 acre tract described in the deed to AoSess Properties, Ltd., recorded under Clerk's File No. 2004003358 in the Official Public Records of Nueces Courttr, Texas, and being more particularly described by metes and bounds as follows: BEtMNNG at the southwest comer of the 27.62 acre tract, said point lying in the east line of Lot 1, Scogin Tract, as shows on the map thereof recorded in Volume 62 at page 97 of the Map Records of Nueces County, Texas, for the southwest corner of this tract; THENCE N 9° 16' 18" E along the west line of the 27.82 acre tract and the east line of Lot 1, Scogin Tract, a distance of 283.17 feet to the northeast corner of Lot 1, Scogin Tract and the southeast corner of Lot 1. Block 1, Bob Lacy's Business Park, as shown on the map thereof, recorded in Volume 60 at Page 16 of the Map Records of Nueces Court', Texas, for an intermediate corner of this tract; THENCE continuing along the west line of the 27.82 acre tract and the east line of Lot 1, Block 1, Bob Lacy's Business Park, N 9° 15' 45" E, a distance of 47.06 feet to a point for the northwest comer of this tract, said point Tying at the intersection of the centerline of a Center Power & Light (CPL) transmission line and the east line of Lot 1, Block 1, Bob Lacy` Business Park; said point being the southwest comer of a 9.81 acre tract described as Tract No. 2 in City of Corps Christi Ordinance 023251, which re -zoned the 9.81 acres to B -4, General Business; THENCE 5 87° 57' 59" E along the center line of the CPL transmission line and the south line of the 9.81 acres, a distance of 1179.76 feet, to a point in the northeast line of the 27.82 acres for the northeast comer of this tract; THENCE S 11° 58' 35" W, across the 27.82 acres, a distance of 378.85 feet to a point in the south line of the 27.82 acres, said paint Tying at the point of curvature of a curve to the left; THENCE along the south boundary of the 27.82 acres on said curve to the left whose radius is 327.50 feet, a distance of 170.93 feet to the point of tangency of said curve, for an intermediate comer of this tract; THENCE continuing along the south boundary of the 27.82 acres, N 88° 05' 48' W, a distance of 984.82 feet to the POi1 Y OF BECOMING forming a tract embracing 8.84 acres. Note' Bearings are Stets of Texas. Lambert Grid, South one NAD, 1927, U.S. Feet. 03042 Field Note Desc Trect7. dot MORRAY BASS, JR., P_E..,R,P.L.S. NTXON M WELSH. P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 Pm. 361 882 -5521 FAX 361 882 -1265 BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 FIELD NOTE DESCRIPTION Tract 2 May 30, 2006 Being a tract situated In Corpus Christi, Nueces County. Texas, a portion of that 27.82 acre tract described in the c3regorio Ferias Grant, Abstract 592, described in the Deed to Access Properties, Ltd., recorded under Clerk's File No. 2004003358 in the Official Public Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows* 9i1G1NNING at a point in the northeast line of the 27.82 acre tract where the northeast line is intersected by thi centerline of an existing Central Power & Light (CPL) transmission line, said point being the southeast corner of 9.81 acre tract described as Tract No. 2 in City of Corpus Christi Ordinance 023251 that re -zoned the tract to B-4 for the northwest comer of this tract; THENCE S 54° 50' 22" E along the northeast line of the 27.82 acres, a distance of 1330.26 feet to the northeast comer of the 27.82 acres for the northeast corner this tract; THENCE $ 36° 02' 53" W along the east line of the 27.82 acres, a distance of 302.53 feet to the southeast corner of the 27,82 acres for the southeast comer of this tract; THENCE N 54° 50' 29" W along the south Tine of the 27,82 acres, a distance of 307.06 feet to a point for an intermediate comer of this tract; THENCE continuing along the south line of the 27.82 acre tract, N 59° 43' 29' W, a distance of 346.08 feet to a point for an intermediate comer of this tract; THENCE continuing along the south line of the 27.82 acre tract, N 56° 37' 03" W, a distance of 524.79 feet, to a point for the southwest corner of this tract; THENCE N 11' 58' 35" E across the 27.82 acre tract, a distance of 378.85 feet, to the POINT OF B*GINNING forming a tract embracing 9.35 acres. Nale: Bearings are State of Texas, Lambert Grid, South Zone NAD, 1927, U.S Feet. 03042 Field Note Oesc Tract2. doc State of Texas `ountx Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5542101 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 Patrick), Victoria and Webb Counties, and that The publication t}f, NOTICE OF PUBLIC HEARING TO which the annexed is a true cop\ was '_nsert'rd in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 7TH day(s) of AUGUST, 2006. $294.1,3 &einiett-ft, Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of Gi Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. Mt HELLE JOYCE':;ABRERA C Mi�4iSS10v .XPIRES March 19, 2(08 '_.gust7,2006•CALLER -TIMES OF PUIOUG HEARING TO cotapen H # " �TISOf OF A CORSIUS CHRISTI Notice is hereby given in accordance with the law that the City Couns l of the City of Corpus Christi will conduct a public hea on Tuesday, Augue4 22, 2006 during a regular Council meeting which corrnces at 10:00 a.m. *:the City Council Chambers, City Hall, 1201 Leopard, to eo r the following z applications) of whi h said, appHc lon(s) are on flle in the Offlce of the City Sfacretary and the Department of Planting. At said time and pace of hearing, all pens and pales intereded may appear beforshe City Council. The zoning app tion(s) to be considered at the as follows: 1, Aeaiss From a "T- ufactured to: T ' General '- .....and "1-2' tit District - at the of CR 52 77. 2. • • From "r- bt- fanvil Flip - Rural D - Localed on Glsnoak Drive and approllimately 1,300 ripest of Flour Bluff 3. 0-01, Hogan Det>R 1opment y, L.P.: From "F -fib Farm -Rural District to Tract 1: "R- 1A" One - family District, Tract 2: 'R B" One - family Dwefbpg District - Loca*sii on Wooldridge Road 1X10 feet east of Las ArisailrDrive. a. .� Fernando From a •t- Oae- family DisMcttoali -' One - family! g District - tad on Drive, 2,000 lopment , Planning 61) - Lasulard City City of Corpus C Mate t, '''ryas ,:'ountz of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss Ad # 5557823 PO Before me the undersigned, a Notary Public, this day personally came Sandra ()rum, who being firs! duly sworn, according to law. says that she is Legal Sales Representative )f the Corpus Christi Caller - Times, a daily newspaper )ublishec1 at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, ,Jim, Hogg, ,Jim Wells, Karnes, Kenedy, Kleberg, _,rve Oak Nueces, Refugio, San Patrick), Victoria and Webb Counties, and that the publication �_�f, NOTICE OF PASSAGE OF ORDINANCES: which the annexed a true copv was inserted in the Corpus Christi Caller -Times and on ie Work' Wide Web Hi the Caller -Times Interactive on the 28TH day(s) of AUGUST 2006 S331.9f-; atz---rvLJ Legal Sales Representative TWO_12) Times) Subscribed and sworn to me on the date of 1.21J Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public MN commission expires on March 19, 2008. MICHELLE ,;C; CE C BRERA MM EI,PRES `v m rch 19, 2008 Monday. August 28. 200k .CAL E F NOTICE OF PASSAGE OF ORDINANCES: NO. 026923, amendi the Zoning Ordinar.. approved by the City Council of the City of ng Cor;njs Christi August 22 2006 by sr Armando Chapa s, City Secretary he City of Corpus - Christie' upon application Access Propertie Ltd, by changing t zon ■ng map n reference to Fanas Grant out of Ltiby "`ract 6 Abstract 592. Tract 1 being 8.84 acres out of 27.82 acres and Tract 2 being 9.35 acres out of 27 82 acres, from 1B' Manufactured Home Subdivision: to "B -4'" General' Business District for Tract 1 and "1 -2" Light Industrial District for Tract 2; NO. 026924, amending the Zoning Ordinance, upo application by Bernard and Kim Seger. by changing the zoning map in reference to 13.042 acres out of Lot 17. Section 40, Flour Bluff and Encinal Farm and Garden Tracts from "R 1 B" One family Dwelling District to "F -R" Farm -Rural District: NO. 026925, amending the Zoning Ordinance. upon application by Hogan D e v e l o p m e n t Company, L.P , by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts. Tract 1: being 37.15 acres. Lot 18 and a portion of Lots 17, 21, and 22, Section 32 and Tract 2: being 18.01 acres, a portion of Lots 21, 22, and 23. Section 32, from "F -R' Farm -Rural District to R -1A' One - family Dwelling District for Tract ' and "R -18' Dne- family Dwelling District for Tract 2; NO. 020926, amending the Zoning Ordinance. upon application by Fernando Zambrano, c)y changing the zoning nap in reference to a 24.046 acre tract of and out of Lot 2, Section 6. Bohemian �aiony Lands, from "R- ' lit" One - family Dvielling District to "R- C" One - family Dwelling District; and NQ. 026927, amending the Zoning Ordinance . upon application by ,ross Road Builders :y changing the zoning reap in reference 10 unshine Acres. a i oraon of Block 11 Lot 3, from "F -R" Farm kurai District to "R -2" Multiple Dwelling District with a "PUD -2" Planned Un,i u evelopment 2 Overlay, subject to a s to plan and five a'nditions; amending the Comprehensive Plant to account for any devtjstions from the e x i s t i n g Comprehensive P!ar prourding a penalty These ordinances ..re c, ssert r -n n'