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Home My WebLink About027810 ORD - 08/19/2008Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DR. PEDRO DIAZ, BY CHANGING THE ZONING MAP IN REFERENCE TO 20.36 ACRES OUT OF FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, SECTION 20, LOTS 23 AND 24, 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 REPEALER CLAUSE; 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 Dr. Pedro Diaz, 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 25, 2008, during a meeting of the Planning Commission, and on Tuesday, August 19, 2008, 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 20.36 acres out of Flour Bluff Encinal Farm and Garden Tracts, Section 20, Lots 23 and 24, located along the west side of Rodd Field Road between Brooke Road and Slough Road, from "F -R" Farm -Rural District to "R-1 B" One -family Dwelling District. (Zoning Map 042031) (Exhibit A) 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. 027810 H:\LEG-DIR\Shared\Jay\Agenda\2008\8-19\ORD-zoning0608-01 Diaz-FBEFGT R-1 B.doc 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 35-3 of the Zoning Ordinance of the City of Corpus Christi. 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 19th day of August, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 11, 2008 .fI R. J. Rei' ng First As ' tant Ci For City Attorne • ttorney Steaf- Henry Garr7tt Mayor, City of Corpus Christi H:\LEG-DIR\Shared\Jay\Agenda\2008\8-19\ORD-zoning0608-01 Diaz-FBEFGT R-1 B.doc Page 3 of 3 Corpus Christi, Texas day of ,2008 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, H- ry Garre Mayor, City +f Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 027810 H \LEG-DIR\Shared\JayWgenda\2008\8-19\ORD-zoning0608-01 Diaz-FBEFGT R-1 B.doc TEAS CUM TM LAND svanrz irae ENC. aus191Lzaat or MIDIS& ConuuwParuT i 6330 Saratoga Blvd., Sulte C Corpus Christi, TX 78414 Phone (381) 993-0808 Fax (361) 993-2955 ,FIELD NOTES Being a 15.80 acre tract, out of that 17.91 acre tract conveyed in volume 1940, page 620, of the Deed Records of Nueces County, Texas and in Document No. 2002047589, of the Oficial Public Records of Nueces County, Texas, said 17.91 acre tract of land being out of Lot 24, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, and being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found in the west right of way line of Rodd Field Road, being the northeast corner of a called 2.476 acre tract conveyed to Browning Ronald S. Document # 877262, Official Public Records of Nueces County, Texas and for the southeast corner of this tract; THENCE N 61° 20' 47" W — with the common property line of said 2.476 acre tract and this tract, a distance 600.07 feet, to a one inch iron pipe found for the northwest corner of said 2.476 acre tract, and for a point on the east property line of a called 25.00 acre tract conveyed to Browning Ronald S. Document # 913419, of the Oficial Public Records of Nueces County, Texas, for.the southwest corner of this tract; THENCE N 28° 38' 25" E — with the common property line of said 25.00 acre tract, and a called 10.52 acre tract conveyed to Guadalupe Leon in Document No. 2000014484, of the Official Public Records of Nueces County, Texas, a distance of 1148.31 feet to a 5/8 inch iron rod set on the southwest corner of 1.76 acre tract conveyed to the city of Corpus Christi, Texas, for a 145 foot wide Drainage & Utility Easement, recorded in Document No. 2007055094 of the Oficial Public Records of Nueces County, Texas, for the northwest corner of this tract; THENCE S 61° 23' 08" E — with the common property line of said 145 foot wide Drainage & Utility Easement and this tract, a distance of 567.42 feet to a 5/8 inch iron rod set for the southeast corner of said 145 foot wide Drainage & Utility Easement, being on the west property line of a Street Dedication of a tract being 0.278 acre conveyed to the city of Corpus Christi in Document No. 2007055094 of the Official Public Records of Nueces County, Texas, for the upper northeast corner of this tract; THENCE S 01° 56' 47" W — with the common property line of said Street Dedication and this tract, a distance of 73.04 feet to a 5/8 inch iron rod set on the said west right of way line of Rodd Field Road, for a corner of this tract; THENCE S 28° 36' 52" W, with the said west right of way line of Rodd Field Road, a distance of 1083.45 feet to the PLACE OF BEGINNING containing 15.80 acres of land, more or less. This Fielt! Notes Description constitutes a legal document, and, unless It appeas In its entirety, in is original form, including preamble, seal and signature, surveyor assumes no responsibility or liability for ns correctness. It Is strongly recommended, for the continuity offuture surveys, that this document be incorporated in all future conveyances. without any revisions or deletions. 1 ctor S. Medina Registered Professional Land Surveyor 'cense Number 3419 P'C1-4I IR I i I WNW, ORO etas .s C. eua" 1aaT or a'rA CIONOUIMPILIVOIS 6330 Saratoga BNd., Suite 0 Corpus Christi, TX 78414 Phone (361) 993-0808 Fax (361) 993-2955 ,FIELD NOTES Being a 4.56 acre tract, out of that 6.677 acre tract conveyed in document No. 2002047584, of the Official Public Records of Nueces County, Texas, said 4.56 acre tract of land being out of Lot 23, Section 20, Flour Bluff and Encina! Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, and being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the northeast corner of a called 10.52 acre tract conveyed to Guadalupe Leon in Document No. 2000014484, of the ficial Public Records of Nueces County, Texas, said 5/8 inch iron rod being the southeast corner of this tract; THENCE N 61° 17' 49" W — with the common property line of said 10.52 acre tract and this tract, a distance 453.48 feet, to a 5/8 inch iron rod found for southeast corner of tract deeded to Brighton Park Baptist Church recorded in Volume 65, Page 15 of the Map Records of Nueces County, Texas, for the southwest corner of this tract; THENCE N 06° 55' 18" E — with the common property line of said Brighton Park Baptist Church, a distance of 404.04 feet to a 5/8 inch iron rod set for the southwest corner of a called 135 foot wide Drainage & Utility Easement recorded in Document # 2007055094 of the Official Records of Nueces County, Texas, for the northwest corner of this tract; THENCE S 61° 23' 08" E — with the common property line of said 135 foot wide Drainage & Utility Easement and this tract, a distance of 602.99 feet to a 5/8 inch iron rod set on the west property line of a called 145 foot wide Drainage & Utility Easement recorded in Document # 2007055094 of the Official Records of Nueces County, Texas, for the northeast corner of this tract; THENCE S 28° 38' 25" W, at a distance 10 feet pass a 5/8 inch iron rod set for the southwest corner of said 145 foot wide Drainage & Utility Easement, in all a distance of 366.13 feet to the PLACE OF BEGINNING containing 4.56 acres of lanc4 more or less. This Field Notes Description constitutes a legal document, and, unless it appears in its entirety, in its original form, including preamble. seal and signature, surveyor assumes no responsibility or liability for its correctness. It is strongly recommended. for the continuity offuture surveys, Mat this document be incorporated in all future conveyances, without any revisions or deletions. July 1, 2008 080701-2.doc 1 ictor S. Medina ; Registered Professional Land Surveyor License Number 3419 s o TRS BRIGHTON PARK BAPTIST CHURCH 1 ATTAR ESTATES UNIT 2 1 23 F -R 0 150 900 atFeet IPIW114EYAR 80 :: .a 71 81 . H89yI N'E YARDS-11MT.. 88r ' 87 83 R- 1 B SOUTH FOR R -1B Department of Develop 11 CASE # 0608-01 A -I Apartment Nouse Distrkt A -IA Apartment House District A-2 Apartment House Olstrict AS Professional OMee District AT Apartment -Tourist District 8-1 Helyibonccod Business District 8 -IA tlettborhood Business DIel1IO 8-2 Baytr[m Business CROW S-24 Barrier Bland Business District 84 Business District 8-4 General Business District 84 Primary Business [Markt 8-6 Primary Business Cas District 80 Corpus Christi Beach Deslpl Dist F -R Frm Rural District HC Historical -Cultural Landmark Preser:atirr 1.1 Limited Industrial District 1-: L* Industrial District 14 Wan' Industrial District PUD Planned fin Development R- IA One Family Dwelling Carnet R -1B One Frilly Dwelling Dramin R- IC One Family Dwilog Distrlel R-2 Multiple Dwelling District RA One Famine Doering [MtMcl RE R.dSMUl Estate District R-TH Tcsnlosne Dwaling District SP Special Permit T -1A Travel Trailer Pwk District T -1B Manufactured Hone Park District T -1C Manufactured Hole Subdivision District aSubject WOper'1' •:dh 200'1)1Aer 4 Ov.'mrs rvvnrn 200'Isted on rtachec avmwship :elle in lava XOwners in OpPOtirA ! State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT Cig43g CITY OF CORPUS CHRISTI Ad # 5868952 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4TH DAY OF AUGUST, 2008. On thisA` day of is a true and an exact copy LEGAL SALES REPRESENTIVE Ok„u OWEMIJ.MEDINA MY COW&ISS10A EXPIEt August2,2012 , 20� I certify that the attached document ade by publisher. Nptary Public, State of Texas •, August 4, 2008 • NOTIG.E OF PUBLIC HEf INGTOCON-: SI ERZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance withthe law that the City Coun- cil of the City .of Corpus Christi will conduct a public hear - ng on Tuesday, August. 19, 2008 dur- ing a regular Council meeting which com- mences at 10:00 a.m. In the City Council Chambers, City Hall, 1201 Leopard, to con- sider -the- following zoning application(:) of which said applica- tion(s) are on file in the Office of the: City Sec, retary and the Department,: of Plan- ning. At lan-ning.r<At said time and place of hearing, all persons and parties interested may appear before the City Coun- cil The :_zoning application(s) to be considered at the 'hearing are as follows: 1. 0608--01,-Dr..Pedro Diaz: From a °F•R Farm -Rural District to a °B-4",General Busi- ness District-- Located along the west side ;of Rodd Field Road be- tween Brooke e-tweenBrooke Road and Slough Road. 2. 0708-03, Texas Funding Corporation: From an Apart- ment House part-mentHouse District to - a "B-1". Neighborhood Business District - Lo- cated on the southwest comer of Li - pan and Josephine Streets between City Hall and the Cross- town Expressway. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Sec t l 0 n at (361), 826.3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christ )211 i PUBLISHER'S AFFIDAVIT 3 1433 State of Texas } CITY OF CORPUS CHRISTI County of Nueces 1 Ad # 5871956 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 Patrick), Victoria and Webb Counties, and that the publication of, NOTICE OF PAS SAGE OF ORDINANCES NO. 027 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Tunes on the 8/25/2008,8/25/2008. $ 182.05 2Time(s) REPRESENTIVE On this alay of ��M' n U I certify that the attached document is a true and an exact copy ade by publisher. Mary Public, State of Texas August 25, 2008 Legal Notices 1110 '..( NOTICE OF PAS-' SAGE OF ORDINANCES --- NO. 027810 Amend- ing'the--`Zoning Ordinance, upon appli- cation by Dry: Pedro Diaz, by changing the Zoning Map in refer- ' ence efer-'ence to 20.38 acres out of. Flour Bluff and. Encina) Farm and Gar- den Tracts Section 20, Lot 23 and Lot 24 from "F -R" Farm -Rural District to"R-1" One - fetidly Dwelling .Dis rlct;. and NO. 027811, mending, the Zoning •rdinance, uponappli- ation by Texas unding :Corporation, •y changing the Zon-. ng -Map Inreference o Paul Court Subdivl Ion Block 13, Lot :12 rom-an'A-2"Aart- ent House District to an "A-2/SP" Apartment House District with a Special Permit for the speculative szoning purposes -in,the sale of the property, subject to a site plan and seven (7) conditions;. antiend- I n -g the Comprehensive Plan to'account for any de- viations from the existing Comprehen- sive Plan; providing a repealer clause;%pro- viding a penalty; providing for publica- tion This ordinance Was passed and ap- proved by !hs CIty Council of the 'City of Corpus Christi on Au- gust 19, 2008. /s/ Armando Chapa City Secretary City of Corpus Christi State of Texas County of Nueces PUBLISHER'S AFFIDAVIT also } CITY OF CORPUS CHRISTI } Ad # 5868952 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/4/2008, 8/4/2008. $ 224.79 iTime(s) aNr-Qat) LEGREPRESENTIVE On this T (1-171 day of l 1 � """' , 2U"Lt certify that the attached document is a true and an exact copy ade by publisher. DWENN 1 MEDINA MY COMMISSION EXPIRES August2,2008 Not Public, State of Texas August 4, 2008 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING I APPLICATION(S) ' OF THE CITY OF CORPUS CHRISTI ' Notice is hereby given in accordance with the law that the City Coun- cil of the City of Corpus Christi will conduct a public hear- ing on Tuesday, August 19, 2008 dur- ing a regular Council meeting which com- mences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to con- siderthe following zoning application(s) of which said applica- tion(s) are on file in the Office of the City Sec- retaryand the Department of Plan- ning. At said time and place of hearing, all persons and parties interested may appear before the City Coun- cil. The zoning application(s) to be considered at the hearing are as follows: 1. 0608-01, Dr. Pedro Diaz: From a "F -R" Farm -Rural District to a "B-4" General Busi- ness District - Located along the west side of Rodd Field Road be- tween Brooke Road and Slough Road. 2. 0700-03, Texas b1/11‘ II Funding Corporation: IL From an "A-2" Apart- ment House District to a "B-1" Neighborhood Business District - Lo- cated on the southwest corner of Li - pan and Josephine Streets between City Hall and the Cross- town Expressway. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560. 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corona Christ