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HomeMy WebLinkAbout022168 ORD - 02/28/1995AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO A 121 ACRE TRACT OUT OF A PORTION OF LH. 37 AND A PORTION OF THE GRANT TO GREGORIO FARIAS, ABSTRACT NUMBER 592 TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 AND "R -IB" ONE -FAMILY DWELLING DISTRICT ON TRACT 2; 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 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, January 25, 1995, during a meeting of the Planning Commission and on Tuesday, February 28, 1995, 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 a 121 acre tract out of a portion of I.H. 37 and a portion of the grant to Gregorio Farias, Abstract Number 592, located between the west I.H. 37 right-of-way line and west Union Pacific Railroad right-of-way line, south ofNueces River and north of Sharpsburg Road, be changed to "B-4" General Business District on Tract 1 and "R -1B" One -family Dwelling District on Tract 2, metes and bounds attached as Exhibit A. SECTION 3. That the official zoning map of the City ofCorpus 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, 1973, as amended from time to time, except as herein changed, shall remain in full force and effect. SECTION 5. 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. 95NH2830.308.aar / C195-4 02-06-95 T T 022168 y'.,uF !la 2 SECTION 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 7. 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, 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 meetings so that this ordinance i passed and shall take effect upon first reading as an emergency measure this the 2S day of 1995. ATTEST: THE CITY OF CORPUS CHRISTI APPROVED THIS THE 6TH DAY OF FEBRUARY, 1995. JAMES R. BRAY JR., CITY ATTORNEY By: rbert J. Hart, Assistant torney 95NH2830.308.aar 1 C195-4 02-06-95 Corpus Christi, Texas 26 day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1995. 3 For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension ofthe Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, 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, THE CITY ORPUS CHRISTI MAYOR STI Council Members The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols C1ifMoss David Noyola 95NH2830.308.aar / C195-4 02-06-95 Ctly CCuy CUtu 022168 METES AND BOUNDS DESCRIPTION FOR CASE NO. C295-4 The following are a metes and bounds description of the 121 acre tract, subject to rezoning: Tract 1 An 81.22 acre tract, more or less, consisting of a portion of the grant to Gregorio Farias, Abstract No. 592 also being a portion of Tract 3 as described in the Warranty Deed to Garnett T. Brooks and Patsy A. Brooks, from Star Holding Company, Inc., recorded in Volume 1754, pages 634 to 640, inclusive, of the Deed Records of Nueces County, Texas, and a portion of existing I.H. 37, located west of and adjacent to said aforementioned tract, and more particularly described by metes and bounds as follows; Beginning at a point, the intersection of the present City limit line (the westerly extension of the common line between Lots 16 and 17, Calallen Irrigation Gardens Subdivision as shown on plat in Volume T, Page 159, Nueces County Plat Records) and the west right-of-way line of the existing Union Pacific Railroad for the southeast corner of this tract; THENCE in a northerly direction along said west right-of-way of the existing Union Pacific Railroad, an arc distance of 490.00 feet, more or less, to a point on a curve to the right whose radius = 5,779.58 and whose length = 713.45 feet; THENCE with said curve to the right, in a northerly direction, an arc distance of 713.45 feet more or less, to its point of tangency; THENCE N 10° 44' 00" E, continuing with said west right-of-way line of the existing Union Pacific Railroad, a distance of 1,747.09 feet, more or less, to the point of curvature of a circular curve to the left, whose radius = 11,409.20 feet and whose length = 1,142.85 feet; THENCE northerly with said curve to the left and continuing with said west right-of-way line of the existing Union Pacific Railroad, a distance of 1,142.85 feet, more or less, to its point of tangency; THENCE N 05° 02' 00" E, continuing with said west right-of-way line of the Union Pacific Railroad, a distance of 305.42 feet, more or less, to a point for the northeast corner of this tract; THENCE N 72° 02' 25" W, 1,850.00 feet, more or less, to the centerline of existing I.H. 37, for the northwest corner of this tract; THENCE in a southerly direction with the meanders of said centerline of existing I.H. 37, to its intersection with the present City limit line, for the southwest corner of this tract; Metes and Bounds Case No. C295-4 Page 2 THENCE in an easterly direction with said present City limit line to its intersection with the existing west right-of-way line of the Union Pacific Railroad for the POINT OF BEGINNING. Tract 2 A 39.78 acre tract, more or less, being a portion of the existing I.H. 37 right-of-way, located east of and adjacent to the present City limits, more particularly described by metes and bounds as follows; BEGINNING at a point, the intersection of the present City limit line (the westerly extension of the common line between Lots 16 and 17, Calallen Irrigation Gardens Subdivision, as shown on plat in Volume T, Page 159, Nueces County Plat Records) and the west right-of- way line of existing I.H. 37, for the southwest corner of this tract; THENCE in a northerly direction with the meanders of said west right-of-way line of existing I.H. 37, to its intersection with the present City limit line, the southerly low water line of the Nueces River, for the northwest corner of this tract; THENCE in an easterly direction with the meanders of the present City limit line, the low water line of the Nueces River, to its intersection with the east right-of-way line of existing I.H. 37, for the northeast corner of this tract; THENCE in a southerly direction with said east right-of-way line of existing I.H. 37, 1,280 feet, more or less, to its intersection with the north boundary line of Tract 1, for a corner of this tract; THENCE in a westerly direction with said north boundary line of Tract 1, to its intersection with the centerline of existing I.H. 37, for an inside corner of this tract; THENCE in a southerly direction with the meanders of the centerline of existing I.H. 37, to its intersection with the aforementioned present City limit line, for the southeast corner of this tract; THENCE in a westerly direction with said present City limit line to its intersection with the west right-of-way line of existing I.H. 37, for the POINT OF BEGINNING. (C295-4.METES) PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 45710 PO# Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice President and Chief Financial Officer 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 Patrick), 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 WITH THE LAW THAT THE CITY OF CORPUSwhich is the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 13TH day(s) of FEBRUARY. 1995. ONE (1) Time(s) Cr, Vice President and Chief Financial Officer Subscribed and sworn to before me this /Qtli day February. 1995. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. . - . 77-1-----:4.4.-- c•-.4f;-,%-',!.1/4:it-c; s10/Conus Christi Callekl,T*tit*Siari.13,t,1095 -.1a-.1c7i 4 44-.410 CONSIDER 123,184 . :) ta4yPPoLlii.ATS:i titeLTHRisn WT.! ' It NOW. irclecteniVell ItIS , leC0fdatWith, the leW thee- - the ate COCtellte ottlia..0tY 01"1 . Cal"Christi-war, Onntaiddttffileednir . 28.,191115. during a - Regular :Council—Meeting r• which cilnineniestat 2:00 p411. in the ate COLOICialeTs - •:bettithe Hill, 1201 Leopard. Kr consider thst‘twing zorr %applications fawn fie in ..„ applicatkinhent. which 1 the Office of dwegaf, sea.: . sty and the Cliparunent of t 1 Planning. At ner,asithrezt=?.; rponies triter:it'd+ rtieg 'r, inners behnibegire-Cglifr te..., ItOteeide ere er-A. ti -Ora tOeiVellia Zosing‘appl- " ' Onions to beplinsidell4111 the hearing ere es follows: .:: 1. c196-4 ow or /WINS fl anti: AllillereAree 711-W, ; M Ontrfernily, Dwelling District , Diarist sit l,'Mirliki , T ta end -64444 sea her Cheated hetW•Wl um St •, LkL-32 right -of -v.0 end West _ tIght•of-vay, Width of N9sees Ubura.nlon emt,Ps4d1:00,,,Fleiroad River and neirth-"Of. I,CI Christi: -11-18Atii-Femilt 2, C195-8 IOW /1 Dwelling131E6a to ,13-1 - ---- tisighbffirlatiolat jii 1..tilitirn ss Dia ‘t:, on the nonfr corner 1 44 5auttl,Stapies and Dad- J StreetliW .YaMie . .1 AU 3. 1 5-8,Fist Wow, inc.: R- I �. Onwr-erniltotChrzilling Dia- 1 se'l InCI to 1-2- i, Industriel , ...... t District - yr -sum •-uair - Located on the vast of - 1,300 feet soutlile Bretton 1 A\ Bromine Road, epprozinetelY , One -Family Deitehnti Dieted 4, API 1 4. 195-T Roy'Srnitte. '11-113* . to 'WC 0..3erieral Business • il Disthawcated ont thor netsoutheastir ITcorr. nes of South ,rase Island Drive and Rodd Said Road. teidlidonntrietionceingm:Yhe oh - e manningit Department at 880-3560. Of visiting the Planning Depart- ...1 manta 1201 LeoPertiasa . ,., it ./e/ Armando Chips City Secretary ,, Oty of Corpus Christi PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 73309 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant 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 Patrick), Victoria, and Webb Counties, and that the publication of NOTICE OF PUBLIC HEARINGS TO BE HELD BY THE CITY OF CORPUS CHRISTI CITY COUNCIL AND PLANNING COMMISSION PUBLIC NOTICE IS HEREBY GIVEN THAT THE CITY OF CORPUS CHRISTI IS CONSIDERING THE ANNEXATION OF A 121 -ACRE TRACT OF LAND: which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 14TH day(s) of January. 1995. ONE (1) Time(s) $ 95.20 Ig;' e• EDNA KOSTER Notary Public State of Texas My Comm. Exp. 11-30-96 ALJ Business Office Administrative Assistant Subscribed and sworn to before me this 20th day January. 1995. EDNA KOSTER Print or Type Name of Notary Public My commission expires on 11/30/96. D1!/Saturday, January 14, 1995 Carpus Christi Caller -Times NOTICE OF PUBLIC HEARINGS - TO BE HELD BY THE CITY OF CORPUS CHRISTI CITY COUNCIL AND PLANNING COMMISSION Public notice is hereby giv- en that the City Council of the City of Corpus Christi is con- sidering the annexation of a 121 -acre tract of land: A 64 -acre tract, more or Inc. being a portion of the grant to Gregorio Ferias, Abstract Number 592; being also de- scrjbed as a portion of Tract 3 as described in the Warran- ty Deed to Garnett T. Brooks and Patsy A. Brooks, from Star Holding Company, Inc..as recorded in Volume 1754 at pages 634 through 640, in- clusive, of the deed Records of Nueces County, Texas; and a 6,500 -lineal feet segment containing 57 acres of IH -37 right-of-way, for a total of 121 acres. There will be two public hear- ings at which persons inter- ested in the annexation will be given the opportunity to be heard. The proposed service plan will be available for pub - kc inspection and explained to the inhabitants of the area at the public hearings. The fest public hearing will be during the City of Corpus Christi Planning Commission meet- ing, which commences at 6:30 p.m. on Wednesday, January 25, 1995. The sec- ond public hearing will be during the regular City Council meeting at 2 p.m. on Tues- day, January 31, 1995. Both public hearings will be held in the City Council Chambers, first floor of City Hall, 1201 Leopard Street, Corpus Chris- ti, Texas. • /5/ Armando Chaos City Secretary