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HomeMy WebLinkAbout021990 ORD - 07/19/1994AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO A 7.65 ACRE TRACT OF LAND OUT OF THE GREGORIO FARIAS GRANT TO A ""B-4" GENERAL BUSINESS DISTRICT; BY GRANTING A SPECIAL COUNCIL PERMIT FOR TWO (2) OFF -PREMISE SIGNS; 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 the City of Corpus Christi for amendment to the zoning map of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, May 4, 1994, during a meeting of the Planning Commission and on Tuesday, July 19, 1994, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that 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. 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 making the change hereinafter set out. SECTION 2. That the zoning of a 7.65 acre tract of land out of the Gregorio Farias Grant, located along the east side of Interstate 37, north of Mountain Trail be changed to a "B-4" General Business District. SECTION 3. That a Special Council Permit be granted for two (2) off -premise signs. 1) USE: The only use authorized by this Special Permit other than the basic "B-4" General Business District uses is for two (2) off -premise signs. 2) PROPERTY DESCRIPTION: Metes and bounds are attached as Exhibit A. SECTION 4. In the event the Board of Adjustment grants any special exception of variance to the Zoning Ordinance, applicable \94NH2830.319.aar C394-2 1 021990 METES AND BOUNDS DESCRIPTION FOR A 7.65 ACRE STRIP OF PUBLIC RIGHT-OF-WAY AND A SEGMENT OF MISSOURI PACIFIC RAILWAY LINE Describing a 7.65 aae tract of land, more or leas, out of the Gregorio Farias Grunt, abstract No. 592, in bitten County, Texas aodbeang a part -ohne same landdent in Volume 1754, Page 634 of the DeedReaads of Nieces County, Tena, the same consisting of three tracts: Ossining partof the recently relocated potion of The Missouri -Pacific Railroad and the others, Pans 1 and 2 ofParoel No. 34 as demented in Judgment No. 44944-4, conoeming the State of Texas vs GamsttT. Brooks, et az, et, at in the Nunes County Court of Law No. Four, Nueces County, Texas aatdmore -panealarly dumbed as one tract as follows; Begging mapoint, the iasersaaion ofthe NoNuigir'of-way line of a 40 foot widadediealed- rasdaomadmescalledRanns Street, the present city limit line as aNUt by Or Na 16572, dated 11118181, antIthe East right-of-way line of the present 60 foot wide SharpebmgRoadas described hPatoel No. 34 Part 1 of said Judgment No. 44944-4, for the Southernmost most comsatthe meagre -in THENCE in a westerly direction with the said present city limit line, a distanceof.30 feet, more or less, to a point on the former East right-of-way line of 60 foot wide SharpebtrgRoad, the same being a point of the West boundary line of said Parcel No. 34 Part 1 as described in Judgment No.44944-4, for the Westerly South corner of this tract; THENCE N 19 28' 10" West, continuing with the patent city limit line andthe Wombat of saidParceiNo. 34, Pan 1, at 205 feet, more or less, pass a point of deflection to the right oaths -West line of aaidParoe134, Part 1, a distance in all of 653 feet, more or leas, along said four Easttight of -way line of 60 foot wide Sharpsburg Road, its curves and its angles, to a point, the South comer of Panel No. 34, part 2 as described in aforementioned Judgment No. 44944-4, and thepoint of beginning of a curve to the right whose Radius = 2754.789'; Chord Bearing = N 15 54'45.63" W; Chord Distance = 185.8265'; THENCE it a Northerly direction continuing with the present city limit line and aaidctrve to the sight, an arc distance of 185.86 feet, more or less, to a point for an inside corner of said Paeoei No. 34, Part 2, and an inside comer of this tract THENCE continuing with the present city limit line and the north right-of-way liraof the former 60 foot wide Sharpsburg Road,S 7604' 14" W a distance of 60 fat, more or lesj$oapoint on formaEaftrightof-way line of the Missouri -Pacific Railroad, for an outside carnet of said Parcel No. 34, Part 2 and the point of beginning of curve to the right whose Radius = 2814:789'; Chord Baring= N 01 43' 01.36" W and Chord Distance =1195.5959, for an outside comerof this tract; THENCE continuing with the present city limit line, the former East right-of-way line:of the Missouri -Pacific Railroad, an arc distance of 1204.77 feet. more or less, to a point; Exhibit A THENCE camimang with the presets city limit lure, the former East right-of-way lino oldie Missouri -Pacific Railroad, N 10 32' 41" E, a distance of 115 feet, more or leas, to a comerin the pteaemt city limit line, its intersection with the Westerly extension of the common boundary lice bantam loots 16 and 17, of now vacated Cobden Inigstion Gardena as shown on plat of record in VdrneT, Page 159, Nueoes County Plat Recatis,idneexs County Texas, for the Northwest -comer of this tract THENCE leaving the present city limit Iia m a Southeasterly direction, with said -West ly cneasion of the common line between Lots 16 and 17, Catallan Irrigation Gardens, the asaiteing the Southeasledy extension of said present city limit line, at30 feet, more or less, pass thewasaght of -dray line oft p.-4 Missouri -Pacific Railroad a distance m all of 130 fat, mots~ orlt a; to a point onto right-of-way line the Missouri -Pacific Railroad, its intersection with thaaid. common lire between Lots 16 and 17. Calallen laigatian Gardena for the Northeast ezmerofthis tract THENCE in a Sou hely direction with.thapresen2East ightof-way line of saidMioon- -Ea 'clic Raikoe d, a curve to the left whose Radius = 5679.578, Chad Bearing = S 02.07'04.86" E ad a Chad Distance = 401.1751', an are disnn= of 245 feet, more or less to the point oftangency; THENCE continuing with said ..=--' East right-oMvay line oft&Missoun-PacifcRailmsd, S 04 06' 25" E, a distance of 1,010 feet, more or less, to a point, the Northwest. comer of akeementicaldParcei No. 34, Part 1, a point on the North right-of-way line ofthe present60 foot wide Sharpsburg Road, for an inside comer of this uact THENCE N 86 44' 00" E with said North right-of-way lute of the present 60 foot wide Sharpsburg Road, a distance of 60 feet, more or leas, to a point, the Northeast corner of said Parcel No. 34, Part 1, for an outside corner of this tract; THENCE S 04 06; 25" E with the East right-of-way line of the present 60 foot wide Sharpsburg Road, a distance of 295.38 feet, more or less, to the point of bceirming of a conic to the left whose Radius = 3709.7186'; Chord Distance = 786.717' and Chord Bearing = S 10 11' 37.41" THENCE in a Southerly direction with said curve to the left, and arc distance of 535 fat, more or less, to its intasection with the North right -of -Ray line of the aforementioned dedicated 40 foot roadway sometimes called Ramos Street and the present city limit line for the POINT OF BEGINNING. 2 to the Special Council Permit herein granted, other than the use specified in this Special Council Permit, this Special Council Permit shall be void and of no force and effect whatsoever. SECTION 5. That the official zoning map of the City of Corpus Christi, Texas, be and the same is hereby amended as herein ordained. SECTION 6. That the Zoning Ordinance and Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as herein changed, shall remain in full force and effect. SECTION 7. That, to the extent that the amendment to the Zoning Ordinance set forth herein above represents a deviation from the Comprehensive, Plan, the Comprehensive Plan is hereby amended to conform to the Zoning Ordinance as amended herein. SECTION 8. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 9. 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 10. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meeting so that this ordinance is passed and shall tak effect upon first reading as an emergency measure this the day of JUL/ , 1994. ATTEST: City Secretary THE CITY OF CORPUS CHRISTI MAYOR THE CITY(OF CORPUS CHRISTI APPROVED THIS THE 15 DAY OF JULY, 1994. JAMES R. BRAY JR., CITY ATTORNEY By: rbert Har 1' ant City ttorney Corpus Christi, Texas I(i day of , 1994. 3 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, Council Members The above ordinance was Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss MAYOR THE CITY 0 RPUS CHRISTI passed by the following vote: outv Ct (Cy , 02.1990 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 41388 PO# Before me, the undersigned, a Notary Public, this day personally came Phyllis Smith, who being first duly sworn, according to law, says that she is Secretary of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, 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 CONSIDER ZONING APPLICATIONS OF THE CITY OF CORPUS CHRISTI NOTICE IS HEREBY GIVEN IN ACCORDANCE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 4th day(s) of July, 1994. One Time(s) $67.20 CC v. Lt$ C" Uj C) Secreta .0 it s2rc—Intttt Subscribed and sworn to before me this 25th day of July, 1994. 00,01111;41,,,,,,,,, , $t;:\ Notary Public, ueces CountyTexas` V?n • 0 = NO... -;Z_ I\• 44- O j>I\ I, lir . 4 'PIREs ..•� \ D10/Corpus Christi Cellar -Times Monday, July 4, 1994 NOTICE OF HEARING APPUCA OF THE ' CITY OF CORPUS CHRISTI - Notice is hereby given in accordance with the law that the City Council of the City of J Corpus Christi will conduct a - public hearing on Tuesday, July 19, 1994, during a Regu- d ler Csselwhich L commends w 2. 5.m. In the Cay Connell mbers, City IW, 1201 leopard, to consider this /eSesile, zoning applicationla) of which said applications ea on 11s in the Office of the qty Secretary and the Deportment of Plan- ning. At mid tines and place of hearing, WA arsyns and parties imsressed may appear before tM City Council. The following writ' appli- cations to be considered at the hearing we w fellows: 1. C394-2 City of Corpus Christi: 1-2 USM industrial District Being a 7.85 axe treat of land out of IM Gregor** Ferias Grant, located Msrng she east side of Internet* 37 Minh of Mountain Trail. Inforrtspee May M ob- tained by rep S.!liming Department w 880-]9aD, or visiting the Phoning Dopart- ment at 1201 laeperd Street. /s/ Armando Chaps Co City of Corpus Chn ti.