No preview available
HomeMy WebLinkAbout028345 ORD - 10/13/2009Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DOUBLE T & C PROPERTIES, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 1.463 ACRES OUT OF 5.294 ACRES, OF LOT 3, KING SQUARE ADDITION, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS 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 Double T & C, Inc., 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, August 19, 2009, during a meeting of the Planning Commission, and on Tuesday, October 13, 2009, 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 1.463 acres out of 5.294 acres, of Lot 3, King Square Addition, generally located on the northwest side of McArdle Road, approximately 1,040 feet from Staples Street, from "AB" Professional Office District District to "B-4" General Business District. (Zoning Map No. 043036) (Exhibit A - Recommendation Map; Exhibit B - Metes and Bounds; Exhibit C - Map accompanying Metes and Bounds) 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. 028345 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\10-13\ORD.-zoning 0809-05 Double T&C Properties, Inc.B-4 King Square.doc INDEXED Page 2 of 3 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 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 13th day of October, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe ame City Secretary APPROVED: October 5, 2009 deborah Walther Br Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\10-13\ORD.-zoning 0809-05 Double T&C Properties, Inc.B-4 King Square.doc Page 3 of 3 Corpus Christi, Texas jday of e., --(-169k, 2009 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. 1/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, Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 028345 EFFEC1111E DATE Pei-vio/A Fi,a009 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\10-13\ORD.-zoning 0809-05 Double T&C Properties, Inc.B-4 King Square.doc CASE # 0809 -05 APPLICANT'S REQUEST, PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A From: AB To: B-4 ORDINANCE: Exhibit A 1.463 Acres State of Texas County of Nueces July 28, 2009 Job No. 04945.A9.02 Field Notes for the rezoning of a 1.463 acre tract of land out of Lot 3, King Square Addition, a map which is recorded in Volume 33, Page 60, Map Records of Nueces County, Texas, said 1.463 acre tract being more fully described by metes and bounds as follows; Beginning at a point on the north boundary of McArdle Road, a 60 foot wide public roadway, for the southwest corner of Lot 2G, Park Plaza Annex, a map of which is recorded in Volume 56, Page 21, Map Records of Nueces County, Texas, same being the southeast corner of said Lot 3, King Square Addition and of this tract; Thence, North 61°02'31" West, along the north boundary of said McArdle Road, a distance of 300.00 feet for the southeast corner of Lot 7A, King Square Addition, a map of which is recorded in Volume 45, Pages 31-32, Map Records of Nueces County, Texas, same being the southwest corner of said Lot 3 and of this tract; Thence, North 28°57'29" East, along the common boundary of said Lot 3 and said Lot 7A, a distance of 6.50 feet pass a found 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx", in all a total distance of 300.28 feet for the east corner of said Lot 7A, for a corner of said Lot 3 and for the northwest corner of this tract; Thence, South 30°41' 10" East, a distance of 347.75 feet to a point on the west boundary of the aforementioned Lot 2G, for the east corner of this tract; Thence, South 28°59'28" West, along the common boundary of said Lot 2G and said Lot 3, a distance of 118.04 feet pass a found 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx", in all a total distance of 124.54 feet to the Point of Beginning and containing 1.463 Acres (63,733.83 square feet) of land. Bearings are based on the recorded plat of Lots 2AR, 7A and 8A, King Square Addition, a map of which is recorded in Volume 45, Pages 31-32, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal, and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Eng' Bring Dan L. Urban, R.P.L.S. License No. 4710 S:\Surveying\04945\A902\FN04945 A902.doc (361)854-3101 2725 SWANTNER DR. ® CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com Exhibit B Page 1 of 1 FAX (361)854-6001 c 0 0 ■111 Hamlin 0 0 ope 0 U 0 e� oCf rs 'b1'°y�%9 5' O oo,QirS 0j,-014) 0 -0cgr Aga, 40, °041'0 0 °f ak rjo, To.poo tse e 0 0 Po Gross eflcl o ono on Y,0 0 N' 0 9 04 0 07 0 yN, a oo Staples Street do\e o po<k �e`I of w< �b seg scPa �e'< �g o iPth.fib ch. ,„;) �6 Q � '4. �sro WM Ed 00 Fd. 5/8" I.R. with red elastic cap stamped Urban Engr C.C. Tx" -o kj Ra°**Q& • 3fro/ 939 oar f � o -0c -0J Da44../.0017_ L l0♦ 04.00 Rezoned: 9-4 1.463 Acres 63733.93sf 25'Y.R. 6.50' -o Nfi1'02 31 ` 300.00 N) 150 100 50 Map to Accompany FIELDNOTES for the rezoning of a 1.463 acre tract of land out of Lot 3, King Square Addition, a map of which is recorded in Volume 33, Page 60, Map Records of Nueces County, Texas. 0 McArdle Road 100 0 ad e9 4a Site c tpe ia off` Q ''� to Map Crs a •J In NFd. 5/8" I.R. with red elastic cop stamped r••n n•r C.C. Tx" M 200 Graphic Scale 1"=100' '—URBAN` ENGINEERING �� CORPUS CHRISTI, TEXAS } „ )s01n Cows a1FA» ((6 854-6901 L "Point of Beginning" DATE: July 284 2009 SCALE:1"=100 JOB NO.: 04945.A9.02 SDRHAWNEET: 1 of 1 BY: XG 02009 by Urban Engineering Exhibit C State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5920943 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, th a the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02834 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 10/19/2009, 10119/2009. $ 125.85 LEG T `: REPRESE TIVE 1Time(s) On this 2/1day of , 2 7I certify that the attached document is a true and an exact copy made Vii; publisher. iff'"" " GWENN J. MEDINA 41. MY COMMISSION EXPIRES August 2, 2012 N to blic, State of Texas CALLER -TIMES a October 19, 2009 ft 5E Legal Notices 1110 NOTICE OF IPASSAGE OF 0R©INANCE NO. 028345 Amending the Zoning Ordinance, upon ap- plication by Double T & C Properties, Inc.,? by changing the Zon ing Map in reference to 1.463 acres out of 5.294 acres, of Lot 3, King Square Addi- tion, from "AB" Professional Office District to "B -4 -Gen- eral Business District; amending the Com- prehensive Plan to account for any de- viations from the existing Comprehen- sive Plan; providing a repealer clause; pro- viding a penalty; and providing for publica- tion This ordinance was passed and ap- proved by the City Council of the City of Corpus Christi on Oc- tober13, 2009. /s/ Armando Chapa City Secretary City of Corpus Christi State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5916473 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 9/7/2009, 9/7/2009. $ 262.62 iTime(s) On this 1-N4&day of LES REPR SENTIVE C (-2I certify that the attached document is a true and an exa co •y made by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 Notiry Public, State of Texas 12E September 7, 2009 » CALLER -TIMES NOTICE OF PUBLIC HEARINGTO CON- ' SIDER ZONING � APPLICATIONS) OFTHE CITY OF ' CORPUS CHRISTI Notice is hereby giv- en in accordance with the law that the City Council of the City of Corpus, Christi willconduct a public hearing on Septem- ber 22, 2009 during a regular Council meet - i n g. : which commences at 12:00 p.m. in the City Council Chambers, City Hall, 1201 Leop- ard, to consider the following zoning ap- plication(s) of which said application(s) are on file in the Of- fice of the. City Secretary and the Department of Plan- ning. At said time and place of hearing, all persons and par- ties interested may appear before the City Council. The zoning:, application(s) to be considered at the hearing, are as follows:. 1. 0809-04, Willie Es- parza: From an 'A-1!" Apartment House District to a:"B-1" Neighborhood Busi- ness District resulting in a change of land use from residential to business office use - Located on the north side of South Padre Island Drive, approximately 2,331 feet northwest of We- ber Street, at 5038 Anthony Street. 2. 0809-05, Double T&C, Inc.: From an AB" Professional Of- fice District to a "B-4 General Business District resulting in a changeof land use from vacant parking lot commercial re- tail use -Located on the northwest side of McArdle Road, ap- proximately 1,040 feet from Staples Street. Information may be. obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560, 2406 Leopard Street. is/Armando Chapa City Secretary City of Corpus Christi