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HomeMy WebLinkAbout026996 ORD - 09/19/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY LAMARR WOMACK & ASSOCIATES, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO ABSTRACT 850, SURVEY 443, TRACT 7, BEING 4.447 ACRES FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "B -1A" NEIGHBORHOOD BUSINESS 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 LaMarr Womack & Associates, LP, for amendment to the City Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 9. 2006, during a meeting of the Planning Commission, and on Tuesday, September 19, 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 Abstract 850, Survey 443, Tract 7, being 4.447 acres, located on the north side of Up River Road at the intersection of Japonica Drive from "R-1B" One - family Dwelling District to "B-1A" Neighborhood Business District. (Map 059049/060049) (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. H'\ LEG -DIP \Shared Gary: \agenda 2006\0806-D2 Lamar, Womack ceg doe. 4 ��h 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 n 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 9th day of September 2006 Armando Chapa City Secretary APPROVED: September 13 2006. Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Hairy Garretf. Mayor City df Corpus Christi H A LEG- DIR \Shared\GarySvagenda 2006■0806 -02 Lamar' Womack reg doc EFFECTIVE ATE LS 64, Page 3 of 3 Co rpus Christi,Texas /ql'day of 006 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 . e ry Garr tt Mayor, Cit 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 H \ LEG- DIR\Shared,GaryS`,agenda,?006 \0806 -)2 Lamarr Womack reg doc 1111111wN ENGINEERING July 142 — J Job No. 38024.A6.01 Exhibit A 4.447 Acre Tract State of Texas County ofNueccs Fleldnotes for the rezoning of a 4.447 acre tract of land (not based on an on- the - ground survey) out of a 10.00 acre tract of land out of Tract 7, Abstract 850, Survey 442, as described in Document N. 2001042729, Official Public Records of Nueces County, Texas, and a portion of Up River Road; said tract being more fully described by metes and bounds as follows: Beginning at a point on the southwest boundary of Interstate Highway 37, a public roadway, for a paint on the northeast boundary of said 10 are tract and for the north corner of this tract; from which point the east corner of Lot 1, Block 1, First Family Church Tract, a map of which is recorded in Volume 62, Page 44, Map Records of Nueces County, Texas, bears North 57 °03'34" West 227.51 feet; Thence, South 57°03'34" East, along the southwest boundary of said Interstate Highway 37. a distance of 472.29 feet for the north corner of a 5.9 acre tract of land out of Tract 7, Abstract 850, Survey 442, as described in deed recorded in Volume 1755, Pages 687 -692, Deed Records of Nucces County, Texas, for the east corner of said 10.00 acre tract and of this tract; Thence, South 33°04'53" West, along the common boundary of said 5.9 acre tract and said 10.00 acre tract, a distance of 402.88 feet pass a point on the northeast boundary of Up River Road, an 80.00 foot wide public roadway, for the south corner of said 10.00 acre tract and for this tract, in all a total distance of 442.90 feet to a point on the centerline of said Up River Road, for the south corner of this tract; Thence, North 55°17'44" West, along the centerline of said Up River Road. a distance of 180.48 feet for a corner of this tract; Thence, North 39 °50'29" West, continuing along the centerline of said Up River Road, a distance of 304.45 feet for the west corner of this tract: Thence, North 32 °56'26" East, a distance of 41.88 pass the southwest boundary of said 10.00 acre tract of land, in all a total distance of 347.22 feet to the Point of Beginning and containing 4.447 Acres (193.714.19 square feet) of land Bearings are based on the recorded plat of First Family Church Tract, a map of which is recorded in volume 62, Page 44, Map Records of Nueces County, Texas. Unless this field notes description including preamble, seal and signature appears in its original form surveyor assumes no responsibility for its accuracy, Urban Engineeria Dan L. Urban, R.>'..L.S. License No. 4710 f l l ying138024‘,460I Nfn38024 ANTNEP DI? • CORPUS CHRISTI, TEXAS 76404 mnileurbeneno.com ar?854 -6001 010 (0-oz .,tate of 'exas cunt v 4 Nut, o's PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI # 5563078 PO # F,iefore t- Notary PuLiic, this day personally came Sandra 1.)rum, beir4.: firs duit.- 7,1 1 according to law. says that she is Legal Sales Representative f te Corp s Christi Caller-Times, a daily newspaper t CHT ous hr sr 1 n City and State, generally circulated in :\ransat, Bee ,Jm, Hogg, ,Jim Wells, IC,irnes, Kenedy, Kleberg, Nueces Rft...gic. San H'atricio, Victoria and Webb Counties, and that he puhRati n Nc:ricE OF .PUBLIC HEARING TO which the annexed is a rue et :1 ir thr Crpus Christi Caller-Times and on the World th Cali?r-Times ieractive on the 4TH day(s) of SEPTEMBER, .2006. $227.2i ''','- 01-7.nel- �4A-1-- Leg Sales Representati-e rw() (2 Time(s) S.,..i'isiscribect and sworn te me on the date of '1/4 i=4e 1 Npl,.iry Nucces County, Texas Micelle Cabrera Pitir,1 or Type Name.' of Notary Public omrnission expires on March 19, 2008. ;'...'/CE CABRERA •.,7•1E--.;;PIP77-; 2008 • S'eptemner 4; 2006 • Monday._ /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. September 19. 2006 during a regular Council meeting which commences at 10:00 a m in the City Council Chambers, City Hall, 12C1 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 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 0406 -04, Mirabal Development Group: From a "R -1B" One Family Dwelling District io a 'A -1" Apartment House District - Located on the south aide of Sandra Lane. approximately 1.900 'eet east of Airline Road 2 0806 -02, LaMarr Womack & Associates, LP: From a "R -1B" One Family Dwelling District to a "B- 1 A" Neighborhood Business District - _ocated on the north side of Up River Road at the intersection of Japonica Drive. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361d 826- 3560 2406 Leopard Street. si Armando Chapa City Secretary i. ty of Corpus Christi State f Texas Count Nuecc s PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5577308 PO# Before rne, the ,andersigneci Notary Public, this day personally came Sandra Drum v ho being first duh svvi.,r- n, according to law, says that she is Legal Sales Representative of he Corpus Christi Caller - Times, a daily newspaper publis ed at Corpus Cl pis said City and Sty te, generally circulated in \rans s Bee, Brooks: Duva : , Hn Hogg, tJim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces Re ugi ` ar = 'atricio. Victoria and Webb Counties, and that T he publication of. NOTh E OF PASSAGE OF ORDINANCES: which the nnexf°d is cot v, vas cd in the Corpus Christi Caller -Times and on the V4'trici Widc Weir o - t ler -Times Interactive on the 25TH day(s) of SEPTEMBER 2006. 169.(0 o Legal. Sales Representative I'WO) (2 ) ''ime(s) u cribe<d and sworn to me on the date of 7I 2(K.. ( C No, 'ivy Pu'_lie, Nueces County, Texas Michelle C .abrera Print or Type Name of Notary Public My commission expires on March 19, 2008. September 25, 2006 • Monday ►NOTICE OF PASSAGE OF ORDINANCES: NO.026995; amending the Zoning Ordinance, upon application by Mirabal Development Group by changing the zoning map in reference to the Bass Subdivision, Block 27, Lot H, from "R-1B" One - family Dwelling District tc "R -2" Multiple Dwelling District with a "PUD -2" Planned Unit Development 2 Overlay. subject to a site plan and six conditions; and No.026996, amending the Zoning Ordinance. upon application by LaMarr Womack & Associates, LP, by changir the zoning map in reference to Abstract 850, Survey 443. Tract 7, being 4.447 acres from "R- 1 B" One - family Dwelling District to "B- 14' Neighborhood Business District. amending the Comprehensive Plan tc 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 September 19. 2006. s; Armando Chapa City Secretary City of Corpus Christ