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HomeMy WebLinkAbout027241 ORD - 04/24/2007F age 1 of 3 AN ORDINANCE GRANTING A TIME EXTENSION OF TWO YEARS FOR A SPECIAL PERMIT FOR HOTEL/MOTEL USE IN A "B-1" NEIGHBORHOOD BUSINESS DISTRICT, ON PROPERTY DESCRIBED AS BEING 1.975 ACRES OUT OF B. S. & F. SURVEY 419, ABSTRACT 570, NUECES COUNTY, TEXAS, LOCATED AT THE NORTHEAST INTERSECTION OF INTERSTATE 37 FRONTAGE ROAD AND SESSIONS ROAD; PROVIDING A REPEALER CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council on May 30, 2006, by Ordinance No. 026803, granted a change in zoning from "B-1" Neighborhood Business District to "B-1" Neighborhood Business District with a Special Permit for Hotel/Motel Use on property described as being 1 975 acres out of B. S & F. Survey 419, Abstract 570, Nueces County, Texas, located at the northwest intersection of Interstate 37 frontage road and Sessions Road; WHEREAS, the property owner has not been able to begin construction on the hotel/motel due to the development plans not being finalized; WHEREAS, the Special Permit expires on May 30, 2007; WHEREAS, the property owner believes that the difficulties will be resolved and construction will begin within the next two years; and WHEREAS, the City Council has determined that extension of the Special Permit for two years, until May 30. 2009, 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 "B-1" Neighborhood Business District with a Special Permit for HoteWMotel use on property described as being 1.975 acres out of B. S. & F. Survey 419, Abstract 570, Nueces County, Texas, located at the northwest intersection of Interstate 37 frontage road and Sessions Road, granted by City Council on May 30, 2006, by Ordinance No 026803 is hereby extended for a two year period, to expire on May 30, 2009 (Exhibit) SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 3. 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 24th day of April, 2007 .LEG-DI IR' Shared \GarvS\agenoa\2007i4-24 Card -0506-01 Arrriba Development (1st time ext) reg.doc ATTEST: Armando Chapa City Secretary APPROVED: April 18, 2007 Ga(r"y Smith Assistant City Attorney For City Attorney Page 2 cf 3 CITY OF CORPUS CHRISTI enry Gar Mayor. Ci H \LEG-DIR\ Shared \GaryS\agendai2007\4-24\Ord-050601 Arrriba Development (1st time ext) reg.doc Page 3 cf 3 Corpus Christi, Texas 2 (- day of k t _ 2007 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 Respectfully, Henry Gargbtt Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H LEG-DIR`.Shared\GaryS\agenda 2007')4-24 Ord -0506-01 Arrrib& Development (1st time ext) reg.doc n`'7^11 44"124`i»' 55 INT Ws rE 37' cO r 381`07'1,'E 555.50' 10.205 AC TRACT REMAIN "R -1F3" -e: E Mt Ail 5 78°58'50" E 449.08' 1t)POSED B-1 ZONING 'OR 1 :a '5 AC TRAC1 W'SPECIAL PERMIT FOR 1OTEL MOTEL USE N 68 °34 ,06», W 431 15, N I-- XIS I-ING 8-1 ZONING N FOR 2 5 AC TRAC +'d/SPECIAL PERMIT F'OR t HOTEL J MOTEL USE i (Z3 ENING ':ASE No 211')5-07) 1, ;7"----,,, N 68 °34'06„ IN 66 30, N 64°29'43" W - 117 2' 0 cr 0 SESSIONS S 08°58'00" W P.O.B LEGAL DESCRIPTION FIELD NOTES to describe the boundary of a 1.975 acre tract of land being a portion of a 14 68 acre tract of land described deed to Arriba Developnnert. LLC as recorded in Document tt 2005024464, Office! Records, Nueces County, Texas and being out of the B.S & F Surrey 419. Abstrar,t 570. Nueces {;aunty, Texas_ Coym, Rehmet 41 Gutierrez Engineering , L.P. 5656 South Staples, Suite 230 Corpus Christi, Texas 78411 Phone (361) 991-8550 Fax 993-1569 email crg@crgei.con DATE: 3/31/2006 108N:9766C-1 SHEET I OF I ✓a e. A/O . PUBLISHER'S AFFIDAVIT State et Texas 1 CITY OF CORPUS CHRISTI County of Nueces z ss Ad # 5727534 POS Before rne, the undersigned. a Notary Public, this day personally came Sandra Orurn, 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 Christ s` in said City and State, generally circulated in Aransas Bee, Brooks. Duval, Jirn Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live° Oak, Nueces. Rciugio. San Patrick), Victoria and Webb Counties, and that the publication �1. NOTICE OF PASSAGE OF ORDINANCES which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on th Calf:!r-Times Interactive on the 30TH day(s) of APRIL, 2007. 8256.80 c'iVVENN.;. ME )'t' Jgust nr Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of Not /iy Public, Nueces County, Texas April 30, 2007. Monday 'NOTICE OF PASSAG OF ORDINANCES NO. 027239, Amending he Zoning Ordinance, _ipon application by Amador Agustin Martinez, by changing 'he zoning map in eference to 0.152 teres, Lot 4. Block 11, :xtension to south end, 'rom B 1" Neighborhood Business District to "R - 1C" One -family Dwelling District; NO. 027240, Amending the Zoning Ordinance, upon application by Clearwire US. LLC, by changing the zoning map in reference to 0.619 acres out of Tract 10. Fallins Riverside Subdivision, from "R -1B" One - family Dwelling District to 'B-1" Neighborhood Business District; NO. 027241, Granting a time extentaon of two - years for a Special Permit for Hotel/Motel use in a "B-1" Neighborhood Business District, on property described as being 1.975 acres out )f B. S. & F Survey 419, Abstract 570, Nueces County, Texas, located at the Northeast Intersection of Interstate 37 Frontage Road and Sessions Road; providing a repealer clause; and NO. 027242, Amending the - Zoning Ordinance, upon application by Oak Properties, by changing the zoning map in reference to 25.033 acres out of Lots 23, 24, and 25, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from "F- R" Farm -Rural District to "R1 -B" One -family Dwelling District and "R-2" Multiple Dwelling District; amending the Comprehensive Plan to account for any deviations from the exist n g Comprehensive Plan; providing a penalty. These ordinances were passed and approved by the City Council of the City of Corpus Christi on April 24 2007. 's/ Armando Chapa City Secretary City of Corpus Chris State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5712352 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 Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 9TH day(s) of APRIL, 2007. $294.63 C?feind--c6t, 04.4e-YL.1 Legal Sales Representative TWO (2 ) Time(s) Subssr ed and sworn to me on the date of • April 9, 2007. Monday (NOTICE OF PUBLIC HEARING TOlt 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, April 24, 2007 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 interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as follows: 1. 0307-03, Amador Agustin Martinez: From a "B-1" Neighborhood Business District to a "R -1C" One -family Dwelling District - Located east of Crosstown Expressway along the southeast intersection of Brownlee Boulevard and Coleman Street. 2. 0307-04, Oak Pr From a "F- R" Farm -Rural District to a "R -1B" One - Family Dwelling District and "R-2" Multiple Dwelling District - Located on the north side of Slough Road and west of the Cayo Del Oso. 3. 0307-05, Clearwlre US LLC: From a "R- 1 B" One -family Dwelling District to a "B- 1" Neighborhood Business District - Located on the west side of Callicoatte Road, and 400 feet south of Leopard Street. 4. 0506-01, Arriba Devvelopmen tS LPLC: Neighborhood: Business District with a Special Permit for a hotel/motel use; requesting a two-year time extension for the Special Permit. 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 1 City of Corpus Christi()