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HomeMy WebLinkAbout11589 ORD - 07/25/1973JRR:jkh:7- 24 -73; 1st AN ORDINANCE : n e 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 THE'PLANNING COMMISSION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ALL OF THE McWHOITER TRACT, HEREIN REFERRED TO AS TRACT "A", FROM "B -10 TOURIST COURT DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT, £ AND CHANGING THE ZONING OF TRACT "B ", MORE FULLY DESCRIBED HEREINAFTER, FROM "R -2" TV40 FAMILY DWELLING DISTRICT AND "A -1" APARTMENT HOUSE DISTRICT TO "R -1B" ONE FAMILY DWELLING DISTRICT, SAID TRACTS "A" AND "B" BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN ELAERGENCY. WHEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF THE CITY PLANNING + COMMISSION 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 WEDNESDAY, JANUARY 24, 7973, AT SPECIAL COUNCIL MEETING OF THE CITY COUNCIL IN THE COUNCIL CHAMBERS AT CITY HALL IN THE CITY OF CORPUS CHRISTI; AND WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH AMENDMENT WOULD �w A BEST SERVE PUBLIC HEALTH, NECESSITY AND CONVENIENCE AND THE GENERAL WELFARE OF *^'r 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 7. THAT THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, PASSED ON THE 27TH DAY OF AUGUST, 7937, 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. 67o6, AS t AMENDED, BE AND THE SAME 15 HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER x SET OUT. 115.89 SECTION 2. That the zoning of Tract "A ", being all of the McWhoiter Tract, situated in the City of Corpus Christi, Nueces County, Texas, be and the same is hereby changed from "B -W' Tourist Court District to "B -1" Neighborhood Business District, and the zoning of Tract "B ", hereinafter more fully described, be-and the same is hereby changed from "R -2" Two Family Dwelling District and "A -1" Apartment House District to "R -1B" One Family Dwelling District: TRACT B WESTSIDE RECREATION CENTER & OAK PARK SCHOOL BEING A 8.567 ACRE TRACT OF LAND OUT OF WOODLAWN BLOCK 21 AS SHOWN BY MAP OF RECORD 1 IN VOLUI4E 4, PAGE 5, MAP RECORD, NUECES COUNTY r TEXAS AND VOLUME 618, PAGE x:32, DEED RECORDS, NUECES COUNTY, TEXAS, SAID 3.427 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEING AT A POINT IN THE SOUTHEAST RIGHT OF WAY LINE OF 50 FOOT WIDE ERWIN STREET, SAID POINT BEING 711.0 FEET, N. 30° 00' E., FROM THE MOST WESTERLY CORNER OF LOT 5, SAID WOODLAWN, BLOCK 2, FOR THE MOST WESTERLY AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 30° 001 E., WITH THE SOUTHEAST RIGHT OF WAY LINE OF SAID ERWIN STREET, A DISTANCE OF 50.0 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S. 58° 05' E., WITH A LINE THAT IS 25.0 FEET NORTHEAST OF AND PARALLEL TO THE NORTHEAST BOUNDARY LINE OF SAID LOT 5, A DISTANCE OF 135.0 FEET TO A POINT, FOR AN INTERIOR CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 30° 00' E., WITH A LINE THAT IS 135.0 FEET SOUTHEAST OF AND PARALLEL TO THE SOUTHEAST RIGHT OF WAY LINE OF SAID ERWIN STREET, A DISTANCE OF 173.0 FEET TO A POINT IN THE NORTHEAST LINE OF LOT 7, SAID WOODLAWN BLOCK 2, FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 58° 05' E., WITH THE NORTHEAST LINE OF SAID LOT 7, A DISTANCE OF 307.8 FEET TO ITS MOST EASTERLY CORNER THEREOF, THE MOST SOUTHERLY CORNER OF LOT 8, SAID WOODLAWN, BLOCK 2, FOR AN INTERIOR CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 30° 00' E., WITH THE SOUTHEAST LINE OF SAID LOT 8, A DISTANCE OF 170.0 FEET TO A POINT IN THE SOUTHWEST RIGHT OF WAY LINE OF 60 FEET WIDE MUELLER STREET FOR THE MOST NORTHERLY CORNER OF THAT CERTAIN 0.182 ACRE TRACT CONVEYED TO THE CITY OF CORPUS CHRISTI, AND DESCRIBED IN VOLUME 618, PAGE 1132, DEED RECORDS, NUECES COUNTY, TEXAS, AND THE MOST NORTHERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 58° 11O' 30" E. WITH THE SOUTHWEST RIGHT OF WAY LINE OF SAID MUELLER STREET, A DISTANCE OF 11 . FEET TO A POINT FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 37° W E., STILL WITH THE SOUTHWEST RIGHT OF WAY LINE OF SAID MUELLER STREET, A DISTANCE OF 359.47 FEET TO A POINT IN THE NORTHWEST LINE OF THE GEO. R. CLARK, 5.0 ACRE TRACT FOR THE MOST EASTERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 33° 38' 30" W., WITH THE NORTHWEST LINE OF SAID GEO. R. CLARK, 5.0 ACRE TRACT A DISTANCE OF 384.93 FEET TO A POINT, THE MOST EASTERLY CORNER OF SAID GENEVA HEIGHTS FOR A CORNER OF THE TRACT HEREIN DESCRIBED; -2- 1Z THENCE N. 58° 4O' 30" W., WITH THE NORTHEAST LINE OF SAID GENEVA HEIGHTS, A DISTANCE OF 25.02 FEET TO A POINT, THE MOST EASTERLY CORNER OF LOT 5, BLOCK 2, SAID GENEVA HEIGHTS FOR AN INTERIOR CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 33° 38' 30" W., WITH THE SOUTHEAST LINE OF SAID BLOCK 2. GENEVA HEIGHTS THE NORTHWEST RIGHT OF WAY LINE OF LANCASTER DRIVE, A DISTANCE OF 102.98 FEET TO A POINT FOR THE MOST SOUTHERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 70° 58' 10" W., ACROSS LOT 6, SAID BLOCK 2, GENEVA HEIGHTS, AT 108.12 PASS THE MOST SOUTHERLY CORNER OF LOT 3, SAID BLOCK 2, GENEVA HEIGHTS, IN ALL A DISTANCE OF 219.89 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 3, IN THE SOUTHEAST RIGHT OF WAY LINE OF 50 FEET WIDE BURKE DRIVE FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE IN A NORTHEASTERLY DIRECTION WITH THE SOUTHEAST RIGHT OF WAY LINE OF SAID BURKE DRIVE AND WITH THE ARC OF A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 4° 20' 36" AND WHOSE RADIUS IS 1125.0 FEET, AN ARC DISTANCE OF 85.28 FEET TO A POINT, THE P.T. OF SAID CURVE FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE IN A NORTHERLY DIRECTION WITH THE ARC OF A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 94° 41' 55 ", AND WHOSE RADIUS IS 37.50 FEET, AN ARC DISTANCE OF 61.98 FEET TO A POINT, THE P.T. OF SAID CURVE AND FOR A CORNER OF THE TRACT HEREIN DESCRIBED; , THENCE N. 31° 19' 30" E., STILL WITH THE SOUTHEAST RIGHT OF WAY LINE OF SAID BURKE DRIVE, A DISTANCE OF 9.55 FEET TO A POINT, IN NORTHEAST BOUNDARY LINE OF SAID GENEVA HEIGHTS, AND THE SOUTHWEST BOUNDARY LINE OF SAID 5.0 BURKE TRACT FOR AN INTERIOR CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 58° 4O' 30" W,, WITH THE NORTHEAST LINE OF SAID GENEVA HEIGHTS, THE SOUTHWEST LINE OF SAID BURKE TRACT, A DISTANCE OF 166.66 FEET FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 30° 00' W., WITH THE SOUTHEAST LINE OF SAID WOODLAWN, BLOCK 2, A DISTANCE OF 101.32 FEET TO A POINT FOR THE MOST SOUTHERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 58° 05' W., ACROSS LOT 1, SAID WOODLAWN, BLOCK 2, A DISTANCE OF 150.0 FEET TO A POINT IN THE SOUTHEAST LINE OF LOT 2, SAID WOODLAWN, BLOCK 2, FOR AN INTERIOR CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 300 00' W., WITH THE SOUTHEAST LINE OF SAID LOT 2, A DISTANCE OF 62.02 FEET TO A POINT FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 58° 05' W., ACROSS SAID LOT 2, A DISTANCE OF 97.6 FEET TO A POINT IN THE SOUTHEAST LINE OF LOT 3, SAID WOODLAWN, BLOCK 2, FOR A CORNER OF THE TRACT HEREIN DESCRIBED; ' THENCE N. 30° 00' E., WITH THE SOUTHEAST LINE OF SAID LOT 3, A DISTANCE OF 212.02 FEET TO ITS MOST EASTERLY CORNER THEREOF FOR AN INTERIOR CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 580 05' W., WITH THE SOUTHWEST LINE OF SAID LOT 5, THE NORTHEAST LINE OF SAID LOT 3, A DISTANCE OF 60.2 FEET TO A POINT FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 300 00' E.� WITH A LINE THAT IS 135.0 FEET SOUTHEAST OF AND,PARALLEL TO THE SOUTHEAST RIGHT OF WAY LINE OF SAID ERWIN STREET, A DISTANCE OF 74.0 FEET TO A POINT FOR AN INTERIOR CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 58° 05' W., WITH A LINE THAT IS 74.0 FEET NORTHEAST OF AND PARALLEL TO THE SOUTHWEST LINE OF SAID LOT 5, A DISTANCE OF 135.0 FEET TO THE POINT OF BEGINNING. CONTAINING 8.567 ACRES OF LAND MORE OR LESS. -3- 3A' SECTION 3. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, BE, AND THE SAME IS HEREBY, AMENDED AS HEREIN ORDAINED. SECTION 4. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVED ON THE 27TH DAY OF AUGUST, 1937, AS AMENDED FROM TIME TO TIME, EXCEPT AS HEREIN CHANGED, SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 5. THAT ALL ORDINANCES OR PARTS OF ORDINANCE S IN CONFLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID 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 COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY 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 a,5--;C7- DAY OF JULY, 1973• ATTESj . Y% ,r CITY SECRETARY / // MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: Y OF JULY, 1973: ,& / CITY ATTORNEY V Corpus Christi, Texas a3 day of , 19-,!4 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 meetings 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 present meeting of the City Council. Respectfully, l_i MAYOR v THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby ✓ James T. Acuff / Rev. Harold T. Branch v Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark