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HomeMy WebLinkAbout026925 ORD - 08/22/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HOGAN DEVELOPMENT 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 1 AND "R -1B" ONE - FAMILY DWELLING 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 concerning the application of Hogan Development Company, 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, July 12. 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 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, located on Wooldridge Road approximately 1.580 feet east of Las Brisas Drive from "F -R" Farm - Rural District to "R -1 A" One- family Dwelling District for Tract 1 and "R -1 B" One - family Dwelling District for Tract 2. (Map 039031/039032) 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, 5 Page 2 of 3 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. 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 atbached, 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. ATTEST CITY /OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 16, 2006. Gary W Smith Assistant City Attorney For City Attorney enry Garr Mayor, City of Corpus Christi H: \LEG -DIR\ Shared \GaryS\agenda 2006 \08 -22 \0706 -01 Hogan Development reg.doc EFFECTIVE DATE Page 3 of 3 Corpus Christexas °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, He ' Garrett Mayor, City of Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison IVIelocly Cooper Jesse Noyola Mark Scott H:\ AEG- DIR \Shared\GaryS\agenda.2006 \08- 22\0706 -01 Hogan Development reg.doc ,3 9 5 rpus Christi 37.115 ACRES RE-ZONIN G ThE STATE OF TEXAS} IHL; COUNTY OF NUECES} BEING a 37.15 acre tract of land comprised of Lot 18 and a portion of Lot 17, Lot 21 and Lot 22, Section 32,• Mow Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 -43 of the Map Records of Nieces County, Texas, and being a portion of that certain tract of land conveyed by George 13. Gaines, Jr., ct ux to The George B. Gaines, Jr. Family Limited Partnership, LTD. according to Document Numbcr 842209 of the Official Records of Nucces County, Texas, said 37 15 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,1NC.') set to mark the northwest corner of the herein described tract, said rebar being in the common line of said Lot 17, Section 32 and Lot 12. Section 32 and bears South 61 deg. 20' 04" East, a distance of 1903.61 feet from a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING, INC ') marking the common corner of Lot 9 and Lot 24, Section 27. and Lot 14 and Lot 1.5. Section 32, Flour Bluff and Encinal Farm. and Garden Tracts; THENCE, South 61 deg. 20' 04" East, passing at 80.06 feet, the common corner of Lots 11, 12, 17 and 18, Section 32 and continuing for an overall distance of 740.19 fcct to a 5/8 inch diameter rebar (with yellow plastic cap . stamped " (RBAN SURVEYING. INC.') sot to mark the northeast corner of the herein described tract and the common corner of Lots 10, 11 18 and 19, Section 32, Flour Bluff and Eneinal Farm and Garden Tracts; MINCE, South 28 deg. 38" 42" West, along ate common line of said Lots 18 and 19, Section 32, passing at 846.74 feet a 5r8 inch diameter rcbar (with yellow plastic cap stamped "URBAN SURVEYING, INC') set for a reference point and continuing for an overall distance of 946.74 feet to a point on the shoreline of Oso Bay for an easterly corner of the herein described tract. 1 1ENCE North 80 deg South 88 deg North 87 deg North 88 deg South 82 deg South 72 dog South 66 deg Seth 60 deg South 60 dcg Seth 52 dcg South 42 deg. Solidi 35 deg. South 21 deg, A>dlll South 53 , along the shoreline of Oso Bay as follows: . 47' 33" West, a distance of 184 84 feet to an angle point: OS' 35" West, a distance of 42.7'6 feet to an angle point; 27' 21" West, a distance of 106.50 feet to an angle point . 23' 09" West, a distance of 49.25 feet to an angle point; . 01' 28" West, a distance of 169.51 feet to an angle point; . 40' 04" West, a distance of 157.89 feet to an angle point; . 37' 26" West, a distance of 1 75.82 feet to an angle point: 39' 50" West, a distance of 151.31 feet to an angle point; . 54' 51" West, a distance of 105.21 feet to an angle point 18' 00" West, a distance of 172.98 feet to an angle point; 47' 21'' West, a distance of 119.30 feet to an angle point; 11' 05" West a distance of 52.45 feet to an angle point; 04' 31." West, a distance of 283.20 feet to an angle point; deg. 51' 22" West, a distance of 93.58 feet to a point for the south comer of the herein described tract; e O'"? O& 0l Ti THENCE, North 33 deg. 20' 15- West, passing at 100.00 feet, a 5/8 inch diameter rcbar (with yellow plastic cap stamped `:URBAN SURVEYING, INC. ") set for reference and continuing for an overall, distance of 280.97 feet to a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBANSURVEPING, INC") set for an angle point; THENCE, North 61 deg. 21 ' 13" West, a distance of 234.49 feet to a 5/8 inch diameter rcbar (with yellow plastic cap .stamped "URBAN SUR FEiNG, PVC. " set at the beginning of a curve to the right; THENCE, with said curve to the right, having a radius of 290.00 fcct, interior angle of 61 deg. 30' 58 ", chord bears North 30 deg. 35' 44" West, 296.62 feet, for an arc length of 31136 feet to a 5/8 inch diameter rebar (witk yellow plastic cap stamped "URBANSU.RirEY1NG, INC. "i act for its point of tangency; 'FENCE, North 00 deg. 09' 45" East a dstanr.e of 135.94 feet to a 5/8 inch diameter rcbar (with yellow plastic cdF stamped "URBAN SURYEYJNG. act to mark a westerly corner of the herein described tract; THENCE, South 89 deg. 50' 5" East, a distance of 174.42 feet to a 5/8 inch diameter rcbar (with yellow plastic cap stamped "URBAN SURVEYING, INC ") set at the beginning of a curve to the loft; THENCE, with said curve to the left, having a radius of 640.00 feet, interior angle of 33 deg. 29' 59 ', chord bears North 73 deg. 24' 45" East, 368.89 feet, for an arc length of 374.20 'feet to a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING, MC, ") set .for its point of tangency; 'ONCE, North 56 deg_ 39' 45" East., a distance of 10)1.47 feet to a 5/8 inch diameter rcbar (with yellow plastic cap stamped "URBAN SURVEYING, INC. " set at the beginning of another curve to the right; 11IENCE, with said curve to the right, having a radius of 1040.00 feet, interior angle of 27 deg_ 59' 49 ", chord bears North 42 deg. 39' 50" East, 503.15 feet, for an arc length of 508.19 feet to a 5/8 inch diameter rcbar (with }blow plastic cap stamped " LRBAN SL,RVEYP,VG, INC. ";! set for its point of tangency; THENCE, North 28 deg. 39' 56" East, a distance of 232.22 feet to the POINT OP BEGINNING, containing within these metes and bounds 37.15 acres of land, more or less. Borings based on Texas State Plane Coordinate System, South Zone, using City of Corpus Christi control t7uments SP 071 and SP 080 Bearing from SP 071 to SP 080 is North 52 deg. 28' 26.49" West. The foregoing ficldnote description and accompanying survey plat were prepared from an actual survey made on the ground undcr my supervision in May, 2006 and are true and correct to the best of my knowledge and belief. ddick A R.. ter ms• Professional Land &Teyr• . • - - • J J' • Ted No. 4943 51S301rezo h/060706 1't -���,, rung/wp . . 18.01 ACRES RE-ZONING THE STATE OF TEXAS} TIDE COUNTY OF NIECES} SING an 18.01 acre tract of land comprised of a portion of Lot 21, Lot 22 and Lot 23, Section 32, Flour Bluff aid Encinal Farm. and Garden Tracts as recorded in Volume A, Pages 41 -43 of the Map Records of Nucces County, Texas, and being a portion of that certain tract of land conveyed by George B. Gaines, Jr., et ux to The George B. Casinos, Jr. Family Limited Partnership. LTD, according to Document Number 842209 of the Official Records of litieces County, Texas. said 18.01 acre want 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 northwest comer of the herein (described tract, said rebar being in the common Zinc of said Lot 23, Section 32 and Lot 25. Section 27 and bears South 28 deg. 43' 22" West, a distance of 2191.57 feet from. a 5/8 inch diameter rebar (with mellow plastic cap stamped "URBAN SUR PE'YTNG, INC") marking the common corner of Lot 9 and Lot 24, Section 27, and Lot 14 and Lot 15 Section 32, Flour Bluff and Encinal Farm and Garden Tracts; THENCE, South 61 deg. .1' 2T' East, a distance of 250.96 feet to a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING, ENC.") set at the beginning of a curve to the left; THENCE, with said curve to the left, having a radius of 840.00 feet, interior angle of 28 deg. 38' 48 ", chord bears South 75 deg. 30' 51" East, 41.5.62 feet, for an are length of 4:9.98 feet to a 5/8 inch diameter rebar (with yellow plastic crap stamped "URBAN SUR I'EY/NG, 17NC ") set for its point of tangency; THENCE, South 89 deg. 50' 15" Rage a distance of 275.84 feet to a 5/8 inch. diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING, INC. '7 set to mark a northerly comer of the herein described tract; THENCE, South 00 deg. 09' 45" West, a distance of 135.94 feet to a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING. INC ") set at the beginning of a curve to the left; TRENCE. with said curve to the left, having a radius of 290.00 feet, interior angle of 61 deg_ 30' 58 ", chord bears South 3C deg. 35' 44" East, 29E62 feet, for at arc length of 311,36 feet to a 5/8 inch diameter rcbar (with yellow plastic cap stamped "URBAN" SUR PETING, set for its point of tangency; TIENCE, South 61 deg. 2i 13" East, a distance of 234.49 feet to a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING INC") set to mark an angle point in the herein described tract; T$ENCE, South 33 deg. 20' 15" East passing at 180.97 feet a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURT''YINc INC. ') set for a reference point and continuing for ata overall distance of 280,97 feet to a point on the shoreline (if Oso Bay for at easterly corner of the herein described tract; THENCE, along the shoreline of Oso Bay. South 53 deg. 51' 22" West, a distance of 11139 feet to an angle pott T.NCE, South 58 deg. 24' 40" West, a distance of 108.98 feet to an angle point; TanENCE, South 35 deg_ 05' 44- West, a distance of 87.63 feet to a point an said shoreline for the southeast comer of the herein described tract, said point being in the common line of said Section 32 and Section 33, FIour Brand Encinal. Farm and Garden Tracts; Tvr,ot2 CIV,0/1060-D( THENCE, North 61 dcg. 1' i3' West, along the common lime of said Sections 32 and 33, passing at 100.00 feet a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING, INC. )9 set for reference and co ti ninE for an overall distance of 1587 04 feet to a 518 inch diameter rebar (with yellow plastic cap stamped 'URBAN SURVEYING, INC) set to mark the west corner of the herein described tract, same being a common comer if said Section 27 and Section 32, Flour Bluff find Encinal Farm and Garden Tracts; TFIENCE, North 28 deg. 43' 22" East, along the common line of said Sections 27 and 32, a distance of 454.91 feet to the POINT OF BEGENINrNG, containing within these metes and bounds 18.01 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 fieldnotc 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 hest of nay knowledge and belie£ er ti T T. uddick istered Professional Texas No 4943 .ti d Surveyok S15301 rezoninglwph106_07.O6 • Cla D`1lXa -o1 0...M1.011.1131110}NMONIMPSOOMOMOIIIIIMMINOM.01111■11.10■ rt." 21 4 2 -I 4471 (40447.144 S '7 5 <W9', 0(7.4.40f47 52" 57447 4, 08'7 1 , ,94, ' • ,,, 0 . 5 7 24 425 " iji1/67..,4,c, 1.Z )4 RA/ P &A/W.A „7:14 C.TS 1'01, &WS 12216F.5" ,/) v1,7!V rlY UN:P.1'; / ' - '''>•• C." " /". 41P • 0 0 . 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S15301 -Late ount‘ PUBLISHER'S AFFIDAVIT CITY )F ::'RPUS CHRISTI Ad 44 10 i P() Before me, tine Anders gnecl, Nc,tani- Public, this day personally came Sandra ()rum, vio being firs du ,-;.\k0rn . acct t.f) taw . says that she is Legal Sales ReDresentalive f fl ii-Totpus Christi Caller-Times, a daily newspaper publisIncc al Co r;)us Lh r s n ;z) a nd State, generally circulated in Aransa, Bee Eirr..)oks al, 1 Rogg Jr Wells, Karnes, Kenedy, Kleberg, lye ();, Ket gi Ptricio 'torta and Webb Counties, and that he pth)w,.'atior: ,_)F PUBLIC HEARING TO which the annexed is a 1,1e c tr v■ is -)rpus '1"-IriSn' Caller -Times and on the World k,Vide Cfol1e-7'ime,, r.active -in the day(s) of AUGUST, 2006. $294,1 Legal Sales Representative "k) [2 Thrnefsi ..Lit,seribeci and sworn in me on the date of I GI LL"4 214-- Not dry Public, Nueces County, Texas Michelle Cabrera irc or Type Narne of Notary Public nrrnision expires on March 19, 2008. "dELLE JOYC,.; CABRERA r..ommissn!., EXPIRES March 19 )00e 12F•Monda •August 7,2006•CA_LER TIMES NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF, CORPUS CHRISTI Notice is hereby given m accordance with the iaw that the City Council of the City of Corpus Christi will conduce a public nearing 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 which said application(s) are on file in the Office of the City Secretary and the Department of Planning. At said time and place of hearing. all persons and parties nterested may appear oefore the City Council "he zoning application(s) to be considered at the nearing are as follows: 1 0606 -08, Access Properties: From a "T- 1B" 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 Dwelling District to a "F- R" Farm -Rural District - Located on Glenoak D r i v e and approximately 1,300 feet west of Flour Bluff Drive. 3 0706 -01, Hogan Development Company, L.P.: From 'F -R" Farm -Rural District to Tract 1 "R- A" One - family Dwelling District, Tract 2. "R -1B" 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 Boulevard, information may be obtained by calling or visiting the Department of Development; Services, Planning Section at (361) 826- j 3560 2406 Leopard Street. is- Armando Chapa City Secretary Laity of Corpus Christy.. at o. T:,!xa ount PUBLISHER'S AFFIDAVIT CITY ()F CORPUS CHRISTI Ad # ,:557823 PO Before r, the iilders,gne(.. IV:Hary Puolic, this day personally came Sandra ..)rum, *no beriL, firs duly ,\.v.)rrL accer:.ling to law, says that she is Legal Sales Representative the ,'Tc.rp.u.i:3 Christi Caller-Times, a daily newspaper Dublisl--cl at Corpus hrst d C Iv and State, generally circulated in Bee I3r.:)oks, Dui Iogg, Jim Wells, Karnes, Kenedy, Kleberg, gio Victoria and Webb Counties, and that \IOTICE )F PASSAGE OF ORDINANCES: which the nexen Is a roc \VE3S is in tbc Corpus Christi Caller-Times and on he Ww-H .)Vel-:»n :le Cal t'r-Tim cs Jnteractive on the 28TH day(s) of ,WGUST,,2006 $331.9( ot-rte6.4. 0e.-vLi ,egal Sales RepresentatiN, e '0 (2 ) Ti'rie(s) Subscribed and sworn to me on the (Vte of 21314 INGtary Puhtc. Nueces Coun , Texas - Michelle Cabrera Pr n or Tyre Name of Notary Public ::'ommission expires on March 19, 2008. ',..,....' -,.. 7 ".4-r'LLE:‘,',..1,:CE CABRERA • ,:.-. .'.• .::.,-..m,p_.':';•r.)rsi Eq-VEZ-1, .',1nrefl 19, 2008 Monday_. August 28, 200r• C A L E L T 4? NOTICE OF PASSAGE OF ORDINANCES: NO. 026923, amending the Zoning Ordin,;r upon applicator Access Proper;es. Ltd by :nanginc he roil ng map in reference to Paras Grant out of Luby Tract 6 Abstract 592 Trr,ct being 8.84 acres Oil, of 27 82 acres and Tract 2 being 9 35 acre= , ut of 27 82 acres, frog 18' Manufactu . ct Horne Subdivis!or ro „B 4' Gene s' Business District f:), Tract 1 and "1 -2' Lrght Industrial District for Tract 2: NO. 026924, amending the Zon Ordinance, ups -, application by Bern,ri and Kim Seger, changing the zoning map it reference to 13.042 acres out of Lot 17, Section 40, Flour Bluff and Encinal Fairy, and Garden Tracts 'rom "R-1B" One 'amity Dwelling Distnc' o "F -R Farla -aura, District; ; NO. 02692; amendingThe— Toning 7rdinance .gcoo :pp$fcation o +, Hogan- eveloome,; ompany, L by .hanging the zoo rig nap in reference t lour Bluff and Encinal arrn and Garden "acts, Tract ' (being • 15 acres Lot p rid a portion of Lots 21. and 22. Section and Tract 2: being '3.01 acres, a portion Lots 2'. 22. anc' 23 ection 32. from "r-0 irm-Rural District r-1A' One-farm , L, yelling District fcr T act 1 and "R 18' C- re- family Dwel.ing District for Tract 2; NO. 026926, amending the Z,ning Ordman:e upon application by Fernando Zamorano by changing the zoning map in reference te- 24 046 acre 'ract o� lard out of Lot 2 Section 6. Bohemian Co■ony Lands, from "R- 1E One- famriy Dwelling District to "R- 1C One- fami:y Dwelling District, and NO 026927, amending the Zoning Ordinance . upc,y application by Cress Road Builders. by changing the zoning map in reference .o Sunshine Acres. a portion of Block 11. Lot 13, 'rom "F -R" Farm- Rurai District to "R Mui mple Dwelling Distract with a "PiJD -2' Planned Jr,i Developmenr Ovenay, subject to site plan and fivF cond,tions; amending the Comprehensive Plan to account for any devia'rons `rom the s tt i , g Comprehensive Plan, providing a penaity These ordinances ware,. approved by the City Council of the City of Corpus Ch -isti on Aucust 22 2006 s Armando Chapa City Secretary �C,.v of CarpUS Christi"