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HomeMy WebLinkAbout026817 ORD - 06/06/2006Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY YORKTOWN OSO JOINT VENTURE, BY CHANGING THE ZONING MAP IN REFERENCE TO BEING 37.510 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 25, PORTIONS OF LOTS 17 THROUGH 20, PORTIONS OF LOTS 29 THROUGH 31, AND A PORTION OF DUNN'S POINT DRIVE, BLOCK 3, LOT 15 AND BLOCK 4, LOT 1, FROM "F -R" FARM RURAL DISTRICT TO "R-1C" ONE - FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY CLAUSE; 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 Yorktown Oso Joint Venture, 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, May 17 2006, during a rneeting of the Planning Commission, and on Tuesday, June 6, 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: 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 37.510 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25. Portions of Lots 17 through 20, Portions of Lots 29 through 31; and a portion of Dunn's Point Drive, Block 3, Lot 15 and Block 4, Lot 1, located south of Yorktown Boulevard and east of the future extension of Rodd Field Road from "F -R" Farm Rural District to "R-1C" One - family Dwelling District (Map 042029 & 042030) (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, LEG- DIR'\garyws\garyws\agenda 2006\06-06',0506-03 Yorktown Oso Joint Venturegws060531.doc Page 2of3 except as changed by this ordinance and any other ordinances adopted on this date, remain an 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. 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 (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) 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 6th day of June, 2006, ATTEST: Armando Chapa City Secretary APPROVED: May 31, 2006 Gki_ltirrt +x Gary W. Smith Assistant City Attorney For City Attorney CITY • CORPUS CHRISTI i 1411444 • H - Garret Mayor. City o Corpus Christi EFFECTIVE DATE cP (l a— I ° C 1 LEG- DIR \garyws \garywslagenda'2006\06- 0610506 -03 Yorktown Oso Joint Venturegws060531.doc Page 3 of 3 Corpus Christi, Texas i,6 — day of 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, Respectfully, He ry Garrett Mayor, City o Corpus Christi Council Members 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 -+ ^. LEG- DIRlgaryws1garyws∎ agenda ',2006106 - 06\0506 -03 Yorktown Oso Joint Venturegws060531.doc �`'�►317 2L1b _7)1-.r ,t* ark STATE OF TEXAS t_,OUNTY OF N1.IECES U RERAN ENGINEERING Job No. 39319.0200 April 14, 2006 R_ 2 Ficldnotes for a 37.511 acre tract of land (not based on an on the ground survey) out of Lots 17, 18, 19, 20,29, 30 and 31, Section 25, Flour Bluff'& Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records of Nueces County, Texas and also being out of a portion of Dunn's Point Drive, Lot 1, Block 4 and Lot 15, Block 3, as shown on the recorded plat of Rancho Vista Subdivision Unit 1, a map of which is recorded in Volume 64, Pages 225 thru 226, Map Records of Nueces County. Texas; said 37.511 acre tract being more fully described as follows: Beginning at a point on the centerline of Rodd Field Road, a 40.00 foot wide public right- of-way easement for the north corner of this tract, from which comer a PK nail at the intersection of the centerline of said Rodd Field Road and the centerline of Yorktown boulevard, a public roadway bears North 28`42'32" East 89731 feet Thence, South 61°17'30" East, with the northeast boundary of this tract, a distance of 800.52 feet for the point of curvature of a circular curve turning to the right with a delta angle of 10 °36'33 ". with a radius of 1000.00 feet, with a tangent length of92.85 feet and with an arc length of 185.17 feet; Thence, with said circular < urve to the right, an arc length of 185 17 feet for the point of tangency; Thence, South 50 °40'5 7" East, continuing with the northeast boundary of this tract, a distance of 243.75 feet to the point of curvature of a circular curve turning to the left whose radius point bears South 49°59'03" East 3050.00 feet and with a delta angle of 2°3759'. with a radius of 3050.00 feet, with a tangent length of 70.10 feet and with an arc length of 140.17 feet; Thence, with said circular curve to the left. an arc length of 140.17 feet for the end of this curve and for a corner of this tract. Thence, continuing with the northeast boundary of this tract, as follows: South 61°17'30" East a distance of 313.88 feet; South 53°11'03" East a distance of 70.35 feet; South 61°1730" East a distance of 246.73 feet; South 69 045'49" East a distance of 186.66 feet; South 61'17'30" Last a distance of 185.04 feet; South 28 °42'30" West a distance of 175.00 feet: South 61 ° 17'30" East a distance of 270.19 feet; South 28 °42'30" West a distance of 30.00 feet; South 61°1730" East a distance of 170.13 feet to a point on the common boundary of Lots 28 and 29, Section 25, said Flour Bluff & Encinal Farm & Garden Tracts, for the east corner of this tract; Thence, South 28°42'09" West, with the common boundary of the above mentioned Lots 28 and 29, same being the ;c,utheast boundary of this tract. a distance of 585.00 feet for the south corner of this tract; Thence, North 61'17'51" West, with the southwest boundary of this tract, a distance of 1074.64 feet for the beginning of a circular curve whose radius point bears South 49°37'20" East 259.10 feet and taming to the left with a delta angle of 9°30'17", with a radius of 259,10 feet, with a tangent length of 21 54 feet and with an arc length of 42.98 feet; Thence with said circular curve to the left. an arc length of 42.98 feet for the end of this curve and for a comer of this pact; Thence. North 619 "51 ' U."est, with the southwest boundary of this tract, a distance of 210.19 feet for a corner of this Thence. North 28 °42'09" East, continuing with the southwest boundary of this tract, a distance of 17.64 feet for the point rt curvature ofa circular curve timing to the left whose radius point bears North 61 °1751" West 300.00 feet and with a delta angle of 29 °20'05 ". with a radius of 300.00 feet, with a tangent length of 78.52 feet and with an arc length of 153.60 feet; Thence with said circular curve to the left, an arc length of 153.60 feet for the point of tangency; 054.31r 725 _,WA TN E L • c,OR 'S HRISTI TEXAS 78404 FAX (361)854 -6001 .a 'Detu \Survey Jng`39319,0200F:Ni931 0200- ZONING doPr'i©.rcaneng.„om Page 1 of 2 ob No. 39319 0200 April 14. 2006 511 Acre, Thence, North 00`37'56" West, continuing with the southwest boundary of this tract, a distance of 35.15 feet for the point of curvature of a circular curve turning to the left whose radius point bears South 89°22'04" East 10.00 feet and with a delta angle of 89'39'54", with a radius of 10.00 feet, with a tangent length of 9 94 feet and with an are length of 15.65 feet; Thence, with said circular curve to the left, an arc length of 15 65 feet for the point of tangency; Thence, South 89 042' 1+.'° West, continuing with the southwest boundary of this tract., a distance of 300.41 feet for a ,,erner of this tract: Thence, North 00'17'50" West, continuing with the southwest boundary of this tract, a distance of 50.00 feet for the beginning of a circular curve whose radius point bears North 00 °17'50" West 10.00 feet and turning to the left with a delta angle o' 90 °00'00 ". with a radius of 10.00 feet, with a tangent length of 10,00 feet and with an arc length of 15.71 feet; Thence, with said circular curve to the left, an arc Iength of 15.71 feet for the point of tangency and for the beginning of a circular curve turning to the right whose radius point bears North 89°42'10" East 684.51 feet and with a delta angle of 19 °00'22" with a radius of 684.51 feet, with a tangent length of 177.06 feet and with an arc length of 346.53 feet; Thence, with said circular curve to the right, an arc length of 346.53 feet for the point of tangency; Thence, North 28`42'32" East, continuing with the southwest boundary of this tract, a distance of 24.81 feet for the point of curvature of a circular curve turning to the left whose radius point bears North 61° 17'28" West 10.00 feet and with a delta angle of 90 °00'00 ", with a radius of ' 0.00 feet, with a tangent length of 10.00 feet and with an arc length of 15.71 feet; Thence, with said circular curve to the left, an arc length of 15 71 feet for the end of this curve and for a Comer of this Thence, North 28042'32" East, continuing with the southwest boundary of this tract, a distance of 50.00 feet for the beginning of a circular curve whose radius point bears North 28 °42132" East 10.00 feet and turning to the left with a delta angle of 90 °00'00 ", with a radius of 10.00 feet, with a tangent length of 10.00 feet and with an arc length of 15.71 feet; Thence, continuing with tht southwest boundary of this tract, as follows. North 228'42'32" East a distance of 100.00 feet; North 61'17'28" West a distance of 620.00 feet; South 28'42'32" West a distance of 4437 feet; North 61'17'28" West a distance of 292.00 feet to a point on the aforementioned centerline of Todd Field Road for he west corner of this tract; tract: Thence, North 28 °42'32" East, with the above mentioned centerline of Rodd Field Road, same being the northwest oundary of this tract, a distance of 422.26 feet to the Point of Beginning and having an area of 37.511 acres. Bearings based on the recorded plat of Rancho Vista Subdivision Unit 1, a map of which is recorded in Volurne 64, 'ages 225 thru 226, Map Records of 'ueces County, Texas. Unless this Field Notes Description, including prearnble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy_ 1g2 \Data\s ur cying\39319\02oo FN ,93319020O -GCIf l f' jG,coe URBAN ENGINEERING JUAN J. SALAZ.AR, R.P.L.S. License No. 4909 Pare 2 of 7 State of Texas Count\ of Nueces, PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5485771 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 Christ; 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 22ND day(s) of MAY, 2006. $192.28 010--rte&a., Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. I # ? ?''''' , MICHELLE JOYCE CABRERA 1 MY COMMISSION EXPIRES March 19, 2008 .M. 22 2006.CALLER -TIMES HEARING TO CONSIDER A TIONOP OFOiI THE CITY OF COQ 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, June 6, 2006 during a regular Council meeting which', commences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the folowirg zoning application(s) of which said application(s) are on file in the Office of the City Secretary and the Department of Plarming. At said time and place of hearing, all persons and parties interested may appear before the City Concil. The zoningl, application(s) to be considered at the hearing is as follows: 1. , Y Oso .Mint: Frommaa n- R" Farm -Rural DistrIcl to a'R -1C" One#anrWIy Dwett'rng District - Located south of Yorktown Sotdeveird and east of the ftdrae extension of Rodd Feld Road. Information may be obtained by calling or visiting the Department of Development Services, Planning Sedton at (361) 826- 3660, 2406 Leopard Street. /s/ Ar t hops \ City of Corpus Chrid State of Texas Count\ of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss Ad # 5500234 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 PASSAGE OF ORDINANCE NO. 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 12TH day(s) of JUNE, 2006 S 138.40 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of 4( i tL j Le Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. �' "P'`•° MICHELLE JOYCE CABRERA M'e COMMISSION EXPIRES Maich 19: 2008 CALLER-TI NOTICE OF PASSAGE OF ORDINANCE NO. 026917 Amending the Zoning Ordinance, upon application by Yorkwn Oso Joint Venture, by changing the zoning map in reference to being 37.510 acres out of Flour Bluff and Encino] Farm and Garden Tracts, Section 25, portions of Lots 17 through 20, ponione of Lots 29 throng 31, and a portion of iUam's Point Drive, 1310014 3, Lot 15 and Block 4,Lot 1, from "F-Fr Farm Rural District to "R-1C' One-family Dw•Gng District, amending ,the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providin9 a penalty clause. This ordnance was passed end approved by the City Council of the City of Corpus Christi on Aele 6, 2006. Amender CWy k City of C,otpus