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HomeMy WebLinkAbout027696 ORD - 05/13/2008Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, INCE, UPON APPLICATION BY GARY JOHNSON, BY CHANGING THE ZONING MAP IN REFERENCE ENCE To 10.926 ACRES OUT OF J.C. RUSSELL FARM BLOCKS, BLOCK 11, TRACT 11 AND 1.54 ACRES OUT OF J.C. RUSSELL FARM BLOCKS, BLOCK 11, TRACT 7.43, FROM "I-2" LIGHT INDUSTRIAL IL DISTRICT TO "14" HEAVY INDUSTRIAL DISTRICT; AMENDING THE ZONING MAP; AMENDING THE COMPREHENSIVE E PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE EHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING IDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, EAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of GaryJohnson, 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, April 2, 2008, during a meeting of the Planning Commission, and on Tuesday, May 13, 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, E, 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 10.926 acres out of J.C. Russell Farm Blocks, Block 11, Tract 11 and 1.54 acres out of J.C. Russell Farm Blocks, Block 11, Tract 7-B, located on the east side of Navigation Boulevard approximately 500 feet south of Agnes Street (State Highway 44), from "1-2" Light Industrial District to "1-3" Heavy Industrial District. (Zoning Map 050043) (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. U27696 H:1LE -C IRI hared\Jay1Agenda\2O0 \ -1 1OFAD- ningO O-OlJohn n -F u ellF r Blo k .dO Page 2 of 3 SECTION 4. That to the extent that this amendment t 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 -3 of the Zoning Ordinance f 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. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 9. 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 13th day of May, 2008. ATTEST: Armando Chapa City Secretary APPROVED: May 5, 2008 I. Ja , ing First Assistant Ci Attorney For City Attorney CITY OF CORPUS CHRISTI enry Garr • tt Mayor, City of Corpus Christi H:ILE -DIR\ harod\Ja \Agend 120081 -1 \O D- oningO O8-OlJohnson-Russ llForrnBlo ks.do Pg3of3 Corp s Christi, Texas dare ofYI(a1&2OO8, 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. lwe, 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, enry Garr • tt Mayor, Ci of Corpus Christi 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 Ad 10501-1 � A661Aci-- 027696 H:1LEG-D1R\ hared'Jay1Agenda12008\ -131OF D- oningO 0 -01J hnson-F u llFarmBlo k .do Ca47e+ Ozl'OPOI RVE, Inc. engineering -diving -surveying May 5, 2008 760-08004 J!JQJERTYDESCRIPTION STATE OF TEXAS COUNTY OF NUECES Field notes of a 12.464 acre tract being 10.919 acres out of J. C. Russell Farm Blocks, Block 11, Tract 11 and 1.545 acres out of J. C. Russell Farm Blocks, Block 11, Tract 7-13, a map which is recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas. Said 12.464 acre tract of land is situated in Nueces County, Texas approximately 4 miles east of Corpus Christi, Texas and is described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at east right of way of Navigation Boulevard and the northwest corner of the Starcrest Place, Unit No. 1, a map which is recorded in Volume 38, Page 13, Map Records of Nueces County, Texas for the POINT OF BEGINNING and southwest corner of said 12.464 acre tract; THENCE N 00°01'44" W along the east right of way of said Navigation Boulevard and west line of this tract, a distance of 373.72 feet to a 5/8" iron rod found at the point of tangency of a curve to the left with a radius of 931.46 feet and a central angle of 11°26'40" for a corner of said 12.464 acre tract; THENCE along said east right of way and curve to the left, a distance of 186.05 feet to a 5/8" iron rod with cap set at the end of said curve and corner of said 12.464 acre tract; THENCE N 11°28'24" W along the east right of way and west line of this tract, at 34.20 feet pass the south line of said 5.169 acre tract, in all a distance of 161.29 feet to a 5/8" iron rod found at the southwest comer of Lot 3, Block 1, Blue Chip Industrial Tracts, a map which is recorded in Volume 47, Page 28, Map Records of Nueces County, Texas for the northwest corner of said 12.464 acre tract; 820 Buffalo St,, Corpus Christi, Texas 78401-2216 PD. Box 2927, Cor us,chri ti, Texas 78403-2927 phone: 361.887.8851 fax; 361.887.8855 e-mail: rve@rve-Incicom b lte: www. rve-1n . m cev2e, 4F0 4,0? -01 Property Description May 5, 2008 Page THENCE N 89°59'15" E along the south line of said Lot 3, Block 1 and the north line of this tract, a distance of 250.63 feet to a 5/8" iron rod found for an angle corner of said Lot 3, Block 1 for an angle corner of said 12.464 acre tract; THENCE North, a distance of 26.00 feet to a 5/8" iron rod found for an angle corner of said Lot 3, Block 1 for an angle corner of this 12.464 acre tract; THENCE N 89°59'15" E along the south line of said Lot 3, Block 1 and north line of this tract, a distance of 250.23 feet to a 518" iron rod with cap set at the southeast corner of said Lot 3, Block 1 and west line of a 2.225 acre tract recorded in Document No. 984013, Deed Records of Nueces County, Texas for an angle corner of this 12.464 acre tract; THENCE S °04'26" W along the west line of said 2.225 acre tract and upper east line of this tract, a distance of 15033 feet to a 5/8" iron rod found at the southeast corner of said 5.169 acre tract, also the southwest corner of said 2.225 acre tract for an angle corner of this 12.464 acre tract; THENCE N 89955'55" E along the south line of said 2.225 acre tract and north line of this tract, a distance of 50.1.6 feet to a 5/8" iron rod found at the west line of Twin Palms Tract, recorded in Volume 36, Page 52, Map Records of Nueces County, Texas, also the southeast corner of said 2.225 acre tract for the northeast comer of this 12.464 acre tract; THENCE S 00001'29" W along the west line of said Twin Palms Tract and east line of this tract, a distance of 592.59 feet to a 5/8" iron rod with cap set at an angle corner of said Starcrest Place Unit No. 1 for the southeast comer of this 12.464 acre tract; THENCE West along the north line of said Starcrest Place Unit No. 1 and south line of this tract, a distance of 799.69 feet to the POINT OF BEGINNING of this tract, containing 12.464 acres. 1, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this description is based on an actual survey made on the ground, under :m) supervision, this the 5th day of May 2008. Registered Professional Land Surveyor Texas Registration No. 4471 rli R11 1111 0 n ggel Oil›- iinul 6.,.,p,rii:'f) '71. OLTc\I ith f 'fid ' -10A S3 iv 6'0 Sri ''8 , J 121 6g• Z 6G 1066Z, 0.0 D La 0 co t cu N N` N Og NOZ,t0.00S \\NV 0) 1— et O. -_sem 0.1 1- 6(6 zi)" ant- w —I ID 12.464 ACRES 4 ,, \ Nk,,, N r 'boa x _ ! ,11646. IO.QON , o — .gi cv gip PUBLISHER'S AFFIDAVIT State of Texas } CITY OF' CORPUS CHRISTI County of Nueces } Ad # 5856171 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 REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Tunes, 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 �th�e publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0276 L hich©The cf 7 annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/19/2008,5/19/2008. $ 189.87 1Time(s) On thisaY of , 2 ddecertify that the attached document �..�Y is a true and an exact copy ma e by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2,2008 Not • Public, State of Texas May 19, 2008 • r:.' NOTICE OF PASSAGE OF :ORDINANCES NO 027696, :.Amend- Ing•I.the ;;Zoning Ordinance, 'upon appli- cation., by Gary Johnson, by changing the Zoning Map in reff 'erence°",_to:;::113.928? acres out •afJCRus-'. Self Farm Blocks; Block 1 i:Tract'1 t•: and 1.54 acres`out of J.C., Russel!` Farrn Blocks,; Black _11 :•-Tract. from i-2': tight Indus- trial District to "1-3` Heavy;' Industrlah Dis= Mot'. amending •the Zoning Map and -NO., 027897r„Amending the Zoning:4:Ordi nance,' upon application. by Danyce; Ifnipppa' and.; John H.-,Bradshav4.by: changging the Zoning Map "l n,.reference .to Chamberlin's .Block -7; Lot 7.andwest one- half -of Lot ne-half-of.Lot 8 and South Bluff:Block14, Lots 4 and 5 -from "A-2"; Apartment House Dis- trict ta "`B-5" is-trictto-FB-5" . Primary Business District; amending the Zoning Map; amending 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,',:- These ordinances were passed and approved by the City Council of the City of Corpus Christi, on May 13, Is! Armando Chapa CitySecretary City of Corpus Christi j State of Texas County of Nueces 1 PUBLISHER'S AFFIDAVIT 0/M43t CITY OF CORPUS CHRISTI Ad # 5852430 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 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 TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/28/2008,4/28/2008. $ 230.61 1Time(s) da) LE PRESENTIVE On this &1U Ylay of� , 2 11 certify that the attached document is a true and an exact c py made by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2,2008 Notary Public, State of Texas "April 28, 2008 • !NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Coun- ci(of, the :.City of Cgpus, Christi will conduct a public hear- ing on Tuesday,; May 13,- 2008 during a regular Councilmeet- ing which commences at 10:00 "a.m. in the !City Councll Cham- bers, City Hall, 1201 Leopard,to consider the following zoning application(s) of which said applications) are on file in the Office of the City Secretary and the Department of Planning.. At said time and place ofhearing, all personsandparties interested may appear before the City Goun- cli. The zoning application(s) to be consideredatthe hearing areas follows: 1.'-0498-01,>Gary Johnson:: From a "I.2 Light Industrial District to. an "1.3" Heavy In- dustrial District - Located on the east side of Navigation Boulevard -approxi- mately 500 feet south of Agnes Street (SH 44).. 2. 0408-02, `Denyce M. Knlppe & John H. Bradshaw:; From. "A-2Apartment House District to a B-5 PrimaryY-Busi-I ness'District-Located on AgnesStreetap- proximately 160 feet east of Staples Street and Laredo Street ap- proximately 150 feet east of Staples Street. Information :- may : be obtainedbycalling or visiting the Depart- ment of Development Services,:. Planning Section at (361) 826-3560, 2406 Leopard Street. /s/Armando Chapa "- `-City Secretary City of Corpus Christi