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HomeMy WebLinkAbout027019 ORD - 10/10/2006AN 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 LOTS 2, 3, 11, AND 12, SECTION 32, FROM "F -R" FARM -RURAL DISTRICT TO "R -1B" ONE - FAMILY DWELLING 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 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, August 23, 2006, during a meeting of the Planning Commission, and on Tuesday, October 10, 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, ana 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 of the Flour Bluff and Encinal Farm and Garden Tracts on Lots 2, 3, 11, and 12. Section 32, located on Wooldridge Road approximately 1,265 feet east of Las Brisas Drive, from "F -R" Farm -Rural District to "R -1 B" One - family Dwelling District. (Map 038032/039032) (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. Page 2of3 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 10th day of October. 2006. ATTEST: Armando Chapa City Secretary APPROVED: October 5, 2006. LAY Gary 1,J. Smith Assistant City Attorney For City Attorney CITY O CORPUS CHRISTI enry Garr Mayor, Cit of Corpus Christi H:1LEG -DIR\ Shared \GaryS \agenda'2006 \10 -10 \0806 -06 Hogan reg 060921.doc EFFECTIVE DATE ° /4' ° Page 3 of 3 Corpus Christi, Texas (0' day of Li , "`\- 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. Council Members The above ordinance Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott Respectfully, ry Gar ett Mayor, Cit of Corpus Christi was passed by the following vote: H:\ LEG -DIR \Shared \GaryS1agenda120061 ^0 - 10\0806 -06 Hogan reg 060921 doc 1 ) j 9 37.60 ACRES THE STATE OF TEXAS} THE COUNTY OFNUECES} BEING a 37.60 acre tract of land situated partially in Lot 2, Lot 3, I,ot 11 and Lot 12, Section 32, Flour Bluff and Eneinal Farm and Garden Tracts of record in Volume A, Page 41 -43 of the Map Records of Nucccs C eiurty, Texas, and being a portion of that certain tract of land conveyed by (ieorge B. Gaines. Jr et uN to The George B Gaines, Jr. Family Limited Partnership, LTD. according to i')ecumert Number 842208 of the Official Records of Nueces County, Texas, said 60 acre tract of lane being more fully described by metes and bounds as follows: COMMENCING at a 5'8 inch diameter rebar (with yellow plastic cap stamped "URBAN SURVEYING, INC. "i found marking the common corner of Section 27, Section 28, Section 31 and said Section 32, Flour Bluff and 1:ncinal Farm and Garden Tracts, THENCE, South 61 deg. 22' 33" 1 ast, along the common line (vr said Section 31 and said Section 32, a distance of 875.00 feet to 5/8 inch diameter steel rebar set to mark the north corner of the herein described tract and the POINT OF BEGINNING herein. THENCE, South 61 deg. 22' 33" East. continuing with the common line of Section 31 and Section 32, a distance of 412.62 feet to a 5/8 inch diameter steel rebar set to mark the northeast corner of the herein do :crihed trace THENCE, South 28 =leg. 34' 0' est. a distance of 140.04 feet to a 5/8 inch diameter steel rebar set to mark the beginning oi`a curve to the left, THENCE. with said curve to the left, having a radius of 640.00 feet, interior angle of 45 deg. 35' 34 ", chord bears South 05 deg. 46' 23.. West. 493.95 feet, for an arc length of 509.28 feet to a 5/8 inch diameter steel rebar set for its point of tangency:; THENCE, South 17 deg. 01 24' East. a distance of 303.11 feet to a 5/8 inch diameter steel rebar set to mark the beginning of a curve to the right: THENCE, with said urve to the right, having a radius of 560.00 feet, interior angle of 24 deg. 45' 17", chord bears South 04 deg. 08' 46" East, 249.61 feet. for an arc length of 251.72 feet to a 5.8 inch diameter stee rebar set for its points of tangency; THENCE, South 08 deg. 43' 3" W est, a distance of 487.85 feet to a 5/8 inch diameter steel rebar set at the beginning of L curve to 'he right. THENCE, with said Curve to the nght, having a radius of 560.00 feet, interior angle. of 37 deg. 14' 48 ", chord bears South 27 deg. 21' 17" West. 357.67 feet, for an arc length of 364.04 feet to a 5'8 inch diameter steer rebar set for its points of tangency; THENCE. South 45 deg. 37 +6" West. a distance of 507.09 feet to a 5/8 inch diameter steel rebar set to mark the beginning of a curve to the left, THENCE, with said carve to the left., having a radius of 640.00 feet, interior angle of 17 deg. 17' 51 ". chord bears South 37 deg. 18' 51 West. 192.48 feet, for an arc length of 193.21 feet to a 5/8 inch diameter steel rebar set for its point of tangency; THENCE, South 28 deg. 39' 56" West, a distance of 130.13 feet to a 518 inch diameter steel rebar set to mark the south corner of the herein described tract, same being in the center: of the right -of -way of Wooldridge Road and ''he common line of Lot 12 and Lot 17, Section 32; THENCE, North 61 deg. 24' 32" West, with said common line of Lot 12 and Lot 17, a distance of 299.99 feet to 5/8 inch diameter steel rebar set to mark the southwest comer of the herein described tract; THENCE. North 28 deg. 38' 47" East, a distance of 435.67 feet to a 5/8 inch diameter steel rebar set to mark an interior corner of the herein described tract, THENCE. North 61 deg. 21' 13" West, a distance of 200.00 feet to a 5/8 inch diatnteter steel rebar set to mark a westerly corner of the herein described tract and being in the common line of Lot 12 and Lot 13, Section 32. THENCE, North 28 deg. 38 47" East, a distance of passing at 824.73 feet, a 5/8 inch diameter steel rebar set for reference and continuing for an overall distance of 884.73 feet to a point in the centerline of a drainage easement according to Volume 1922, Page 604 of the Deed Records of said County and being an interior corner of the herein described tract, said point also being a common comer of Lot 2. Lot 1 Lot 12 and Lot 13, Section 32; THENCE, North 61 deg. 20' 04" West, with said drainage ditch easement, a distance of 451.85 feet to point for the west corner of the herein described tract; THENCE, North 28 deg. 38' 47" East, crossing said Lot 2, passing at 60.00 feet a 5/8 inch diameter steel rebar set for a reference port and continuing for an overall distance of 1320.96 fee' to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 37.60 acre tract of land. more or less. All set 5/8 inch diameter steel rebar marked with yellow plastic cap stamped "URBAN SURVEYING, INC" Bearings based on Texas State Plane Coordinate System (South Zone) using City of Corpus Christi control monuments SPOT 1 and SP 080 (Bearing from SP 071 to SP 080 is North 52 deg. 28' 26.49" West). The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision ir_ July, 2006 and are true and correct to the best of my knowledge and belief. U an S rt eying, Inc. By: Terry ' . Ruddick Si 131 (0(e Registered Professional Land Surveyor Texas No. 4943 515301 liltSe DSOai-o6 eaTe2 ✓2O9F @'Q' 3b.5 ?59$36 ;RBA' ENGINEEPT,NG glATAAS gaff A' 11410.s sari PhfIC 002110~17 Srs7 ' (SWF1" 47110+ SdfC ON 2,5 --: ' 4 *y ti s�` a'r1 U ,s 'CTIA.N 8r / • nU PAGE. 02/412 oriX5 E e FAMES, A' . /7 1,07,11WWJA 1• ; l Oda y er? / -2-_ ,,,x,/ /JS ilrt rFa il ,', .�` _ . ,� 4 •?• NOT SECTION Sr /l tit i rM.P r J / 7 •4ti~ 1.4 - ‘5•36":1V-" {,95.9S" Mkt!' MAT fOR 71 • APIPAPAIN d' SAN AM' MKT Ar 1!019 irea$W159, cr figyvrrmv A" or P. Let J. IStt� f[ A4 rOt ff. AVM, ..a" AM? f MOP al, PAW Il » maws rN relakr ,f. Pars 0W op 4061110T !n► A71 & Rd r .MV I6l Nmm1R' "moon- GIFAOP; Mk AV 4100/ AfflAr laCr ?NE' MON Orr MOS, Mt Or FIRE WO COOkkr fe Pe aiC iC 75RPY . P �1:lb.164 ..:tip...-•.. �rti -• _�G) / - �r•rr'Rr 0 S 17"M ".ff r J9P• / J/ r 1,1010747 lrrP .141 /IcV af4irril .49144 7+171Y fflgor RAS IC MP STAB, "24Y101.sr/A6 /. URBAN SURVEYING, INC. YICTORI4• !DO t3611 1711 -910T 9CR1.E1 1 ° : 400' doe NO. 1,151/1 Cj:&t O$O( -0( Mate o Texa r ounty Nuece4 PUBLISHER'S AFFIDAVIT CITN OF CORPUS CHRISTI ss Ad # 5577233 PO # Before rna , the unders;gned Notary Public, this day personally came Sandra Orum, w bein ; firs- duly sworn, according to law. says that she is Legal Sales Representative if the ".TOrpus Christi Caller- Times, a daily newspaper publishx=o at Corpus hristi in said Ci':v and State, generally circulated in Aransas Bee Brooks, Duval—Lill Hogg, Jim Wells, Karnes, Kenedy, Kleberg, ve Oak, Nueces Refugio, San Patricio, Victoria and Webb Counties, and that pubiication (.11 , NOTICE OF PUBLIC HEARING TO which the annexed is a rue c o= . was =r sere -1 in th.e Corpus Christi Caller - Times and on the World Ai .de Wet) on the Caller-Time:; Interactive on the 25TH day(s) of SEPTEMBER, `06 ;218.4` Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of ?ice (� Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. ioloryj CALLER -TIMES • September 25, 2006 NOTICE OF PUBLIC, HEARING FO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRIST vOTICE iS HEREBY 0 i E N N AGCORDANCE WITH THE LAW that the City C..)uncdi of Corpus Christi will conduct a p 30,x: hearing on Tuesday. October 10 2006 during a regular Council meeting which commences at 11,0C a m in the City Co 4ncI Chambers, City Hall. 1201 Leopard to consider the following zoning applicationrss of which s d application(s) are on e rn the Office o' the C ty Secretary an the epartment of Planning. At said time and place of hearing . ail persons and parties interested may appear before the City Councii ?h0 z o n q application(s) tc be considered at the hearing are as follows- 1. 0806 -04, Scott Electric Company, Inc.: From a "F -1B" One- family Dwelling District to a "1 -2" Light Iidustrial District - Located approximately 95 feet west of r4orth Fort Avenue. 2. 0806 -06, Hogan D e v e l o p m e n t Company: From a "F - 0' Farm -Rural District t -R-1B" One- tarnii■ Uweiling Distrct ! °cated on Woolaridge Road approximately .265 feet east cc.` Las Orisas information may be obtained by calling of visiting the Department o' Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. /Si Armando Chapa City Secretary \Citv of Corpus Chris Mate c "f fu ountl , Nuece PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI s! -; • Ad # 5592603 P044 r3efore tl e, .a T.ders!gned, Notary Public, this day personally came Sandra beinQ firs duly sworn according to yaw says that she is Legal Sales Reuresenta ive f the 1Torpus Christi Caller- Times, a daily newspaper ?ublisI mc. at Co--)us 'hristi said Ciro and State, generally circulated in Aransas Bee° Br W oks. Duval l , r Hogg, tl m Wells, Karnes, Kenedy, Kleberg, ve Oa'; vuwces Refigio. San Patricio, Victoria and Webb Counties, and that =e pu f NOTICE Or PASSAGE OF ORDINANCES: which the r1exe kva s 1 T sorted in the Corpus Christi Caller -Times and on VU de `v�Ve b m r le Caller -Times Interactive on the 16TH day(s) of )CTOB aR 2006, 57.8( Leg,. Sales Representati‘ e TW()__2) Time(s) Subscribed and sworn to me on the date of / Li 4,ti Not a -v Publ I :4. N 1_ eces County, Texas ichelle Cabrera Print air Type Name of Notary Public Mti , ~ )mmission expires on March 19, 2008. A :; E' - �i ERA LC. -�`CE CN8 R ^" < G MMISSION F Hi3ES :March 19 2009 12F • Monday • October 16_,2006 • S NOTICE OF PASSAGE OF ORDINANCES: NO. 027018, arrending the Zoning Ordinance, apon application by Ott E ...._. ;ompany nc by :hanging the zoning nap in reference to Shoreline Pa k Subdivision. Block of 9, from "P-1B'' One - !amily Dwelling District to 1-2" Light Industrial District: and NO OName� nding the Zoning Ordinance, apon application by Hogan Development i ompany, L P by .hanging the zoning nap in reference to lour Bluff arid Encinal "arm and Garden Tracts Lots 2, 3, 17, and 12, Section 32 tram "F -R" Farm -Rural District to "R -1B" One - 'amiiy Dwelling District: amending the i omprehensive Plan o account for any deviations from the x i s n. g ;omprehens+ve Plan, providing a penalty These ordinances 1,,°ere passed and approved the City Council of the City of Corpus Christi on October 10, ?O06 Armando Cnapa ity Secretary City of Corpui Christi