Loading...
HomeMy WebLinkAbout10573 ORD - 11/17/197111- IU- II:JKH AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF PHARAOH ENTERPRISES, LTD. BY GRANTING A SPECIAL PERMIT FOR A 22 -UNIT TOWNHOUSE PROJECT, SUBJECT -T9 THE CONDI- TIONS SET FORTH HEREINAFTER, SITUATED ON TRACT A, DESCRIBED AS A 2.061 -ACRE TRACT OF LAND OUT OF LOTS 5 AND 6, SECTION 29, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY DESCRIBED HEREINAFTER BY METES AND BOUNDS, AND AS MORE FULLY DESCRIBED ON THE PLOT PLAN APPROVED BY THE PLANNING COMMISSION, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A "; AND AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT "B ", BEING AN 8.507 -ACRE AREA OUT OF LOTS 5 AND 6, SECTION 29, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -18" ONE FAMILY DWELLING DISTRICT TO "R -2" TWO FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF PHARAOH ENTERPRISES, LTD. FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, PUBLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS WISHING TO APPEAR AND BE HEARD WERE HEARD, TO CONSIDER THE SAME BEFORE THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON NOVEMBER 3, 1971 , AT REGULAR COUNCIL MEETING OF THE CITY COUNCIL IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI; AND WHEREAS, BY IAOT10N DULY MADE, SECONDED AND CARRIED, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH AMENDMENT WOULD BEST SERVE PUBLIC HEALTH, NECESSITY AND CONVENIENCE AND THE GENERAL WELFARE OF THE CITY OF CORPUS CHRISTI AND ITS,CITIZENS: NOVI, THEREFORE, BE IT ORDAINED BY THE CITY CODUCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 10573 SECTION 1. THAT THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI) TEXAS PASSED ON THE 27TH DAY OF AUGUSTS 1937) APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND IN PARTICULAR AS AMENDED BY ORDINANCE No. 6106, AS AMENDED BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. SECTION 2. THAT A SPECIAL COUNCIL PERMIT BE GRANTED FOR A 22 -UNIT TOWNHOUSE PROJECT ON A 2.061 -ACRE TRACT OUT OF LOTS 5 AND 6, SECTION 29, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, MORE FULLY DESCRIBED HEREINAFTER BY METES AND BOUNDS SAID SPECIAL COUNCIL PERMIT TO BE SUBJECT TO AN ASPHALT DRIVE 27 FEET IN WIDTH ALONG THE EAST BOUNDARY LINEY PLUS AN ADDITIONAL $ FEET TO ALLOW FOR A PLANTING STRIP AND FENCE, ALL AS IS MORE FULLY SHOWN ON THE PLOT PLANS APPROVED BY THE PLANNING COMMISSION, A COPY OF WHICH IS ATTACHED HERETO MARKED EXHIBIT "A", AND MADE A PART HEREOF AND SUBJECT TO ALL OTHER REQUIREMENTS OF 11R -1A" ONE FAMILY DWELLING DISTRICT: BEING A TRACT CONTAINING 2.061 ACRES MORE OR LESS, OUT OF LOT 6, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN NUECES COUNTY, TEXAS; BEGINNING AT A POINT IN THE NORTHEAST RIGHT -OF -WAY LINE OF MCARDLE ROAD, THE MOST SOUTHERLY CORNER OF BLOCK 11 PHARAOH VALLEY- CARRIAGE PARK TOWNE HOUSES AS SHOWN BY MAP OF RECORD FILED IN VOLUME 33, PAGE S OF THE MAP RECORDS OF SAID COUNTY1 FOR THE SOUTHWEST CORNER AND POINT OF BEGINNING OF THIS TRACT; THENCE WITH THE SOUTHEAST BOUNDARY LINE OF SAID BLOCK 1, PHARAOH VALLEY N. 29° 021 44O" E. 615 FEET TO THE MOST EASTERLY CORNER OF BLOCK 1, PHARAOH VALLEY AND THE NORTH- WEST CORNER OF THIS TRACT ;, THENCE S. 6O° 571 20" E. 146 FEET TO THE NORTHEAST CORNER OF THIS TRACT; THENCE S. 29° 021 44011 W. 615 FEET-TO THE NORTHEAST RIGHT - OF -WAY LINE OF MCARDLE ROAD FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE WITH SAID RIGHT -OF -WAY LINE PARALLEL WITH AND 301 NORMAL TO THE CENTERLINE OF MCARDLE ROAD N. 60° 571 20" W. 1416 FEET TO THE POINT OF BEGINNING. -2- IN THE EVENT THE BOARD OF ADJUSTMENT GRANTS ANY SPECIAL EXCEP- TION OR VARIANCE TO THE ZONING ORDINANCE, APPLICABLE TO THE PROPERTY INCLUDED IN THE SPECIAL PERMIT HEREIN GRANTED, OTHER THAN THE ONE SPECI- FIED IN THIS SPECIAL PERMIT, SAID SPECIAL PERMIT WILL BE VOID AND OF NO FORCE AND EFFECT WHATSOEVER. SECTION 3. THAT THE ZONING OF THE FOLLOWING DESCRIBED TRACT, DESIGNATED AS TRACT "B ", BEING AN 8.507 -ACRE AREA OUT OF LOTS 5 AND 6, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BE AND THE SAME IS --HEREBY CHANGED (FROM �'R -'1 B "•ONE' FAM I LY -DWELL'I NG ,DI S-TR I CT TO "R -2" TWO FAMILY DWELLING DISTRICT: TRACT B BEING A TRACT CONTAINING 8.507 ACRES, MORE OR LESS, OUT OF LOTS 5 AND 6, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS IN NUECES COUNTY, TEXAS; BEGINNING AT THE SOUTHWEST CORNER AND POINT OF BEGINNING OF THIS TRACT, A POINT IN THE NORTHEAST RIGHT -OF -WAY LINE OF MCARDLE ROAD WHENCE THE MOST SOUTHERLY CORNER OF BLOCK 1, PHARAOH VALLEY - CARRIAGE PARK TOWNE HOUSES SHOWN BY MAP OF RECORD FILED IN VOLUME 33, PAGE 8 OF THE MAP RECORDS OF SAID COUNTY, BEARS WITH SAID RIGHT -OF -WAY LINE N. 6o° 57' 20" W. 150 FEET; THENCE N. 29° 02' 40" E. 615 FEET TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF THE PHARAOH'S COUNTRY CLUB GOLF COURSE FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE WITH SAID BOUNDARY LINE S. 60° 57' 20" E. 72.75 FEET TO THE POINT OF CURVE OF A CIRCULAR CURVE TO11 THE LEFT HAVING A CENTRAL ANGLE = 40° 59' 33 ", RADIUS = 214.01 FEET, TANGENT = 8o FEET, FOR AN ARC DISTANCE OF 155.11 FEET TO THE POINT OF TANGENCY; THENCE N. 780 03' 07" E. 215.57 FEET TO THE NORTHEAST CORNER OF THIS TRACT; THENCE WITH THE EASTERLY BOUNDARY LINE OF THIS TRACT S- 11° 56' 53" E. 250.24 FEET; S. 29 °•02' 40" w. 62o FEET TO THE NORTHEAST RIGHT -OF -WAY LINE OF MCARDLE ROAD FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE WITH SAID RIGHT -OF -WAY LINE PARALLEL WITH AND 30' NORMAL TO THE CENTERLINE OF MCARDLE ROAD N. 60° 57' 20" W. 540 FEET TO THE POINT OF BEGINNING. SECTION 4. THAT THE OFFICIAL ZONING MAP OF THE rITY nC rnRPIiG CHRISTI, TEXAS, BE, AND THE SAME IS HEREBY, AMENDED AS HEREIN ORDAINED. SECTION 5. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVED ON THE 27TH DAY OF AUGUST, 1937, AS -3- AMENDED FROM TIME TO TIME, EXCEPT AS HEREIN CHANGED, SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 6. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY EXPRESSLY REPTALED. SECTION 7. THAT THE NECESSITY OF IMMEDIATELY MAKING THE AFORE- SAID CHANGE FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ ­AT °THREE'SEVERAL >MEETINGS OF `THE CITY COUNC'ILj AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 17Y4 DAY OF NOVEMBER, 1971. ATTEST: O c �O CITY ECRE AR MAYOR THE CITY F COR S HRISTI, TEXAS APPROYED: % 'tDAY OF NOV BE 19 CIT ATTORNEY CORPUS CHRISTI, TEXAS gyp,/ � r7 �!7✓:tJ DAY OF 'j 19 // TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS ,FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE 14CETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESE14T MEETING OF THE CITY COUNCIL. TFUL}.Y, O A THE CITY OF CORD /CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSwUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTD BOSQUEZ, M.D. REV. HAROLD T. BRANCH - - -� / THOMAS V. GONZALES GABE LOZANO, SR. U. HOWARD STARK - -i��