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HomeMy WebLinkAbout026924 ORD - 08/22/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON 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 & ENCINAL FARM & GARDEN TRACTS, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "F -R" FARM -RURAL 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 Bernard and Kim Seger, 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 argil 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. NOWT, 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 13.042 acres out of Lot 17, Section 40, Flour Bluff & IEncinai Farm & Garden Tracts and located on Glenoak Drive and approximately 1,300 feet west of Flour Bluff Drive, from "R -1 B" One - family Dwelling District to "F -R" Farm -Rural District. (Map 038030) (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. 2 924 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 22' day of August. 2006. Arrnando Chapa City Secretary APPROVED: August 16, 2006. Gary W. Smith Assistant City Attorney For City Attorney CITYF CORPUS CHRISTI He Garrett. Mayor, City of orpus Christi H:1 LEG -DIR \Shared \Garys\agenda,2o06108 - 2210606 -09 Bernard & Kim Seger Reg.doc Page 3 of 3 Corpus Christi, Texas 2 day of y_ 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 Wiliam Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott - I: U. EG- DIR \Shared\GaryS\agenda,2006108- 2210606 -09 Bernard & Kim Seger Reg.doc State of Texas County of Nueees U RRAN ENGINEERING Exhibit A 13.042 Acres June 5, 2006 Job No. 40588.00.00 Fieldnotes for the rezoning of a 13.042 acres (not based on an on -the- ground . survey) out of Lot 17, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, a snap of-which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; said tract being more fully described by metes and bounds as follows: Beginning at a point on the center line of Glenoak Drive, a public road, for the south corner of this tract, from which point a 1 inch iron pipe found for the common comer of Sections 39, 40, 49 and 50. said Four Bluff and Encinal Farm and Garden Tracts, South 61 033'20" East 1,364.91 feet; Thence, North 61. °28'46" West, along the centerline of said Glenoak Drive, a distance of 573.25 feet for the west corner . of this tract; Thence, North 28 °31'41" East, a distance of 990.10 feet for the north corner of this tract: Thence, South 61 °28146" East, a distance of 574.32 feet for the east comer of this tract. Thence, South. 28 °35'25" West, a distance of 990.10 feet to the Point of Beginning and containing 13.042 Acres (568,101.93 square feet) of land. Bearing are based on survey prepared by Frontier Surveying dated September 10, 2003, by Rex L. Hackett, Registered Professional Land Surveyor No. 4710. Unless this field notes description, including preamble, seal and signature, appears in its entirety, in its original form surveyor assumes no responsibility for its accuracy. C/AS c bOt)(2/1) Urban Engineering e.'40Vi /la Dan L. Urban, IR.P.L.S. License No. 4710 (361 )854 -3101 2725 SWANTNER r _ • CORPUS CHRISTI,TEXAS 78404 S:\ Surveving140588 \Rz405880000.doc rnaiieurban n,a.ccrn FAX (361)854-6001 Page 1 of 1 LOCATION MAP N.T.S. Lot 1B,, Section 40 Flour Bluff and Ended Farm and Garden Tracts Vol. A, Pge. 41 -43, Map Records of Nimes County, Texas N2f31'41'E 990.10' Common oe or Sections 40. 44 and Rd 'FR" 13.042 Acres 568,101.93 Sq. F(. 0.7 S28'3.5 251V 990.10' i ° Iv g r ri 4 2= in Ili?,§ 6.: / 4 til lie 544 Z ' J O a a LN- sei33.2o'E 1384.111' to 1" I.P. St 0o0()rM Lot 16, Section 40 Exhibit B Map to Accompany F)ELDNOTES for the rezoning of a 13.042 acres (not based on an on —the- -ground tract) out of Lot 17, Section 40, Flour Bluff and Enoinol Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 -43, Map Records of Nueces County, Texas. AIENGINEERING DATE JUN. 5, 2006 SCALE 1 %.200' JOB NO.: 4086.00.00 SHEET: 1 OF 1 DRAMIN BY: DL 02006 b Urban Engineering rate of Fexas aunty 1 Nut ce PUBLISHER'S AFFIDAVIT CITY CORPUS CHRISTI ss Ad # 5542101 pQ # Refore r - e the 'An dersi vned, a N )1 ary Public. this day personally came Sandra v‘'no being first dui.- sworn according to law, says that she is Legal ales Representative c F the Corpus Chrsti Caller- Times, a daily newspaper o blisht 1 it Corpus (hristi in said City and State, generally circulated in Aransas. Fee, B )ks, 7uria1, litre Hogg, lim Wells, Karnes, Kenedy, Kleberg, e Oai Nu ces Refu Rio, San Prr ricio, V:'ictoria. and Webb Counties, and that e pub cation of NOTICE OF PUBLIC HEARING TO which the annexed is a Ee copy. was ,r serte, ± ir7 the -orrus Christi Caller -dimes and on the World de We r n !he `alter Times Interactive cn the 7TH dav(s) of AUGUST, 2006. 94 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of ICI (14 1 Notary Public, Nueces County, Texas Michelle Cabrera Prin? or Type Name of Notary Public M' commission expires on March 19, 2008. kflCHELLE JOYCE CABRERA "Ch MISSION HXPIRES March 19, 2008 12F • Monda • August 7, 2006 • o A L E R TIME S 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, August 22, 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 file in the Office of the City Secretary and the Department o!' 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 -08, Access Properties: From a "T- 1 B" Manufactured Home Subdivision to: Tract 1 - "B-4" General Business District and Tract 2: "1 -2" Light Industrial District - Located at the intersection of CR 52 and US Hwy 77. 2. 0606 -09, Bernard & Kim Seger: From "r- 1 b" One-family District to a "F- R" Farm -Rural District - Located on Glenoak Drive and approximately 1.300 feet west of Flour Bluff Drive. 3 0706 -01, Hogan Development Company, L.P.: From Farm -Rural District to Tract 1 "R- A" One - family Dwelling District. Tract 2: "R -18" One-family Dwelling District - Located on Wooldridge Road approximately 1,580 feet east of Las Brisas Drive. 4 0706-03, Fernando Zambrano: From a "R- 1 B" One- family Dwelling District to a "R- 1 C" One- family Dwelling District Located on Greenwood Drive, approximately 2,000 feet north of Saratoga i Boulevard. 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 Christi PUBLISHER'S AFFIDAVIT tae of ,._e as CITY OF CORPUS CHRISTI >unty Nueces ss .- d # 5557823 PO # Before me .. the undersigned. a Notary Public, this day personally came Sandra _arum, v.-ho being first duly- s v rn according to law, says that she is Legal sales Representative 0' LI orpus Christi Caller - Times, a daily newspaper rublished t. Corpus (ririsri in d City and State, generally circulated in Aransas. Bee, Brooks, )uval, Jim Ho gg, � lim Wells Karnes , Kenedy, Kleberg, ive Oak Nueces, Refu :io, San Pat -acio, Victoria and Webb Counties, and that pub :cation et. NOTICE OF PASSAGE OF ORDINANCES: which the nnexed .s + ._opy, was inserter in the Corpus Christi Caller -Times and on c, Wor =d Wide Web c rz the Caller -Times Interactive on the 28TH day(s) of A Li GUST, 2006. $.331.96 ate-4,YLJ Legal Sales Representative T WO_L2 ) Time(s) Subscribed and sworn to me on the date of Nc ary Public, Nueces Coun , Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. MEUrttLLE ,'O CE CABRERA l o. IMi:s'oN t:" PIF;E3 "�1arrh 19, 2C08 • Monday. Aug ur° 28, 20C A .,I NOTICE OF PASSAGE OF ORDINANCES: approved by the City NO. 026923, amending ,'; Corpus Chr sti or Council of the City of the Zoning Ordn;; :,, Audust 22. 2006 . upon applicatio, oy s, Armando Chapa Access Pr ce,c,es Ltd by c:hang,n,a the City Secretary Z o n i n c map n ay of Corpus Christi/ eterence k F a: ias Grant out of Luby Tract 6 Abstract 592 Tract 1 being 8.84 acres uct of 2782 acres and '''act be■ng 9.35 acre out of 2' 82 acres tram T. t Manufact_.,ed Home Subdivision to B -4' General Business District for Tract 1 and 't-2' f ight Industri I Distric _ Tract 2; N 02692; amendl g -t lie Zoning Ordinarce up;;n application by Bernarrd and Kim Seger. _ay changing the zoning map in eference tc 13.042 acres out of Lot 17, Section 40, `our Bluff and Encinat •win and "3arden Tracts. from "R 13" One- family Dwelling District to "F -R" Farm -Rural District; NO. 026925, amending the Zoning Ordnance up n application by Henan D e v e l ;; o rn e Company. L,F , by changing the zoncta map in reference t;, lour Bluff and Encinal Farm and Garden f racts, Tract 1- be,nc, 37 15 acres Lot 'a Ind a portion of Lots "7. 21 and 22, Section 2 and Tract 2: beir,c '8 01 acres a perio, t Lots 21, 22, and 2 "1 section 32, from "F r-; arm -Rural Distract in R-1A One- fatri!. 'welling D!stric fo, ` Tact . aro "R E' ne- farnily Dwelling District for Tract 2 NO )26926, amending tho ' oning Ordinance pon application Dv ' ernando Zambranc changing the zoninc ,ap in reference to 4.046 acre tract o° i,,nd out or Lo' 2 Section 6, Bohemiar 1 olony Lands from "R 8° One fare,,`, [ welling District tc '8 One fan ;,y [welting District, and NO. 026927, amending the Zoning Ordinance. ui.-on application Sy 0 °nss Road Builders, bl changing the zoning map in reference to S,-,nshine Acres. a portion of Block 11, Lot from "F -R'" Farm - Rural District co "8-2 M,.'tiple Dwelling District with a ' PUD -2' Panned Ur. Development 2 Overlay, subject to a sit, ; plan and five conditions; amending the Comprehensive Pla to account for any de'- 'ations from the 5 1 n Comprehensive Plan pro iding a penalty These ordinances W acct, ,, ..