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Home My WebLink About022272 ORD - 07/18/1995AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO A 1,624 -ACRE TRACT OF LAND BOUNDED BY THE OSO CREEK ON THE NORTH AND EAST, COUNTY ROAD 41 ON THE WEST AND THE SOUTH BOUNDARY BEING APPROXIMATELY 1 MILE SOUTH OF FARM TO MARKET ROAD 2444 BY ZONING OF NEWLY ANNEXED AREA TO "F -R" FARM -RURAL DISTRICT ON SUBAREAS D1.1 AND D1.4, "RE" RESIDENTIAL ESTATE DISTRICT ON SUBAREAS D1.2 AND D1.5 AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON SUBAREA D1.3; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming 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, June 14, 1995, during a meeting of the Planning Commission and on Tuesday, July 18, 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 1 ,624 -acre tract of land bounded by the Oso Creek on the north and east, County Road 41 on the west and the south boundary being approximately 1 mile south of Farm to Market Road 2444, be zoned an "F -R" Farm -Rural District on Subareas D1.1 and D1.4, "RE" Residential Estate District on Subareas D1.2 and D1.5 and `B-1" Neighborhood Business District on Subarea D1.3, metes and bounds attached as Exhibit A. SECTION 3. That the official zoning map of the City of Corpus Christi, Texas, be and the same is hereby amended as herein ordained. 95N1-12830.339skp 022272 SOIWO 2 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. 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 is passed and shall take effect upon first reading as an emergency measure this the IQ) day of Jam► , 1995. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary MAYOR THE CITY OHC RPUS CHRISTI APPROVED THIS THAY OF , 1995. JAMES R. BRAY JR., CITY ATTORNE By: rbert J. Hart, Assistant A mey 95N142830.339.skp T 3 METES AND BOUNDS Case No. C695 -5A Subarea D1.1 A 564 acre tract, more or less, located southwest of and adjacent to the present City limit line, the southwesterly low water line of existing Oso Creek, said tract being primarily existing park land acquired by the City of Corpus Christi and/or Botanical Gardens property out of Sections 31 and 32, Laureles Farm Tracts, shown on Plat of Record in Volume 3, Page 15, Nueces County, Texas, Plat Records, and more particularly described by metes and bounds as follows: BEGINNING at a point, the intersection of the northerly extension of the centerline of existing County Road 41 and the present City limit line, the southwesterly low water line of existing Oso Creek, for the north corner of the tract herein described; THENCE in a general southeasterly direction, along the meanders of said present City limit line, to its intersection with the north line of the south half of Section 32 of said Laureles Farm Tracts, for the east corner of this tract; THENCE west 1,020 feet, more or less, to a point, for the southernmost east corner of a preliminary subdivision called King Estates and the southernmost southwest corner of this tract; THENCE in a general northwesterly direction along part of the southwest boundary line of this tract, the same being the general east boundary line of said King Estates preliminary plat as follows; North, 890 feet, more or less; West, 400 feet, more or less; North, 1,067.67 feet, more or less; North 17° 02' 08" East, 575.40 feet, more or less; North 38° 28' 07" West, 355.13 feet, more or less; North 26° 28' 07" West, 560 feet, more or less; North 89° 58' 05" West, 200 feet, more or less; North 00° 01' 55" east, 340 feet, more or less; Northwesterly along a curve to the left whose R = 520.23 feet, T = 306.44 feet, and length = 553.86 feet, and Central angle = 60°, an arc distance of 553.86 feet, more or less; North 60° 58' 05" West, 548.34 feet, more or less; South 00° 01' 55" West, 114.30 feet, more or less; North 89° 58' 05" West, 1,000.00 feet, more or less; North, 1,041.88 feet, more or less, to the centerline of F.M. 2444 (S. Staples St.); 95NH2830.339.skp EXHIBIT A Metes and Bounds Case No. C695 -5A Page 2 4 THENCE westerly along said centerline of F.M. 2444, to its intersection with the southerly extension of the west line of a 17.59 acre tract, more or less, prezoned "B-1" by Ordinance No. 19871 dated July 28, 1987 for a corner; THENCE northerly with the west line of said 17.99 acre tract, 963.71 feet, more or less, to its intersection with the boundary line of existing City of Corpus Christi, Oso Creek Parkland, for an inside corner of this tract; THENCE in a general northwesterly direction, along the westerly boundary line of said existing city of Corpus Christi, Oso Creek Parkland, the same being the easterly boundary line of Botanical Gardens preliminary subdivision as follows; South 82° 17' 59" West, 38.00 feet, more or less; South 89° 50' 58" West, 586.77 feet, more or less; North 79° 35' 52" West, 152.54 feet, more or less; North 63° 39' 14" West, 187.46 feet, more or less; North 66° 04' 22" West, 178.72 feet, more or less; North 39° 39' 48" West, 105.70 feet, more or less; North 23° 07' 31" West, 146.79 feet, more or less; North 19° 37' 05" West, 201.24 feet, more or less; North 04° 25' 42" West, 361.11 feet, more or less; North 17° 56' 30" East, 225.70 feet, more or less; North 36° 52' 58" East, 395.54 feet, more or less; North 56° 00' 27" East, 588.76 feet, more or less; North 01° 51' 45" East, 246.98 feet, more or less; North 30° 24' 37" East, 169.80 feet, more or less; North 17° 59' 31" West, 374.29 feet, more or less; South 64° 07' 36" West, 186.97 feet, more or less; North 81° 19' 35" West, 111.82 feet, more or less; North 49° 19' 25" West, 335.14 feet, more or less; North 33° 57' 48" West, 512.85 feet, more or less; North 16° 03' 16" West, 106.28 feet, more or less; South 80° 20' 32" West, 223.73 feet, more or less; North 73° 15' 06" West, 91.23 feet, more or less; THENCE south 216.87 feet, more or less, to the intersection with the easterly extension of the north line of Country Creek Estates Unit 1 shown on Plat of Record in Volume 55, Pages 25-26, Nueces County, Texas, Plat Records, for an outside comer of this tract; THENCE west along said north line of Country Creek Unit 1, 2,640 feet, more or less, to its intersection with the northerly extension of the center line of existing County Road 41, for a corner; 95NH2830.339skp 1 EXHIBIT A Metes and Bounds Case No. C695 -5A Page 3 5 THENCE in a northerly direction along said northerly extension of existing County Road 41, to its intersection with the present City limit line, the southwesterly low water line of existing Oso Creek, for the POINT OF BEGINNING. Subarea D1.2 A 229 acre tract, more or less, consisting of portions of Section 31, Laureles Farm Tracts, shown on Plat of Record in Volume 3, Page 15, Nueces County, Texas, Plat Records and including Country Creek Subdivision Units 1 and 2, as shown on Plats of Record in Volume 55, Pages 25-26 and in Volume 55, Pages 186-187 respectively, Nueces County, Texas, Plat Records, also including Botanical Gardens Subdivision Units 1, 2, and 3, as shown on Plats of Record in Volume 55, Page 197, Volume 56, Pages 103-104, and Volume 56, Pages 172-173, respectively, Nueces County, Texas Plat Records, and more particularly described by metes and bounds as follows: BEGINNING AT A POINT, the intersection of the centerline of existing 80 foot wide South Oso Parkway and the easterly extension of the south line of Country Creek Unit 2, shown on Plat of Record in Volume 55, Pages 186-187, Nueces County, Texas, Plat Records, for a point; THENCE east with said easterly extension of the south line of Country Creek Unit 2, to its intersection with the northwesterly extension of the centerline of an 80 foot road dedication which extends southeasterly, as recorded in Volume 2358, Page 343, Nueces County, Texas, Deed Records, for an inside corner of this tract; THENCE in a general southeasterly direction with said centerline of the existing 80 foot road dedication, to its intersection with the west line of a 17.59 acre tract prezoned `B-1" by Ordinance No. 19871, dated July 28, 1987 for the southeast corner of this tract; THENCE in a northerly direction with said west line of the 17.59 acre tract, 288.00 feet, more or less, its intersection with the southwesterly line of the existing city of Corpus Christi, Oso Creek Parkland, for a comer; THENCE in a general northwesterly direction, along the westerly boundary line of said existing City of Corpus Christi, Oso Creek Parkland, the same being the easterly boundary line of Botanical Gardens preliminary subdivision as follows; South 82° 17' 59" West, 38.00 feet, more or less; South 89° 50' 58" West, 586.77 feet, more or less; North 79° 35' 52" West, 152.54 feet, more or less; North 63° 39' 14" West, 187.46 feet, more or less; North 66° 04' 22" West, 178.72 feet, more or less; North 39° 39' 48" West, 105.70 feet, more or less; 95N1-12830.339.skp 1 EXHIBIT A Metes and Bounds Case No. C695 -5A Page 4 North 23° 07' 31" West, 146.79 feet, more or less; North 19° 37' 05" West, 201.24 feet, more or less; North 04° 25' 42" West, 361.11 feet, more or less; North 17° 56' 30" East, 225.70 feet, more or less; North 36° 52' 58" East, 395.54 feet, more or less; North 56° 00' 27" East, 588.76 feet, more or less; North 01° 51' 45" East, 246.98 feet, more or less; North 30° 24' 37" East, 169.80 feet, more or less; North 17° 59' 31" West, 374.29 feet, more or less; South 64° 07' 36" West, 186.97 feet, more or less; North 81° 19' 35" West, 111.82 feet, more or less; North 49° 19' 25" West, 335.14 feet, more or less; North 33° 57' 48" West, 512.85 feet, more or less; North 16° 03' 16" West, 106.28 feet, more or less; South 80° 20' 32" West, 223.73 feet, more or less; North 73° 15' 06" West, 91.23 feet, more or Less; 6 THENCE south 216.87 feet, more or less, to the intersection with the easterly extension of the north line of Country Creek Estates Unit 1, shown on Plat of Record in Volume 55, Pages 25-26, Nueces County, Texas, Plat Records for an inside corner of this tract; THENCE west along said north line of Country Creek Unit 1, shown on Plat of Record in Volume 55, Pages 25-26, Nueces County, Texas, Plat Records, 2,640 feet, more or less, to its intersection with the northerly extension of the center line of existing County Road 41, for the west comer of this tract; THENCE southerly with said centerline of existing County road 41 and its extension, 2,650.08 feet, more or less, to its intersection with the westerly extension of the south line of said Country Creek Unit 2, for the southwest corner of this tract; THENCE east with said south line of Country Creek Unit 2 and its extension, 2,680 feet, more or less, to its intersection with the centerline of existing 80 foot wide South Oso Parkway for the POINT OF BEGINNING. Subarea D1.3 A 3.37 acre tract, more or less, out of Section 31, Laureles Farm Tracts as shown on Plat of Record in Volume 3, Page 15, Nueces County, Texas, Plat Records, more particularly described by metes and bounds as follows: 95NH2830.339.skp 1 EXHIBIT A Metes and Bounds Case No. C695 -5A Page 5 7 BEGINNING AT A POINT, the intersection of the centerline of a roadway dedication recorded in Volume 2358, Page 343, Nueces County, Texas, Deed Records and the centerline of F.M. 2444 (S. Staples Street), for the southeast corner of this tract; THENCE westerly along said centerline of F.M. 2444, 318.14 feet, more or less, to its intersection with the southerly extension of the west line of a 17.59 acre tract prezoned "B-1" by Ordinance No. 19871, dated July 28, 1987, for the southwest corner of this tract; THENCE northerly with said west line of the said 17.59 acre tract, 670.00 feet, more or less, of its intersection with the centerline of the said road dedication recorded in Deed Volume 2358, Page 343, Nueces County, Texas, for the north corner of this tract; THENCE southeasterly with the centerline of said road dedication, its curves and its angles, to its intersection with the centerline of said F.M. 2444, for the POINT OF BEGINNING. Subarea D1.4 A 452 acre tract, more or less, out of Section 31, Laureles Farm Tracts, as shown on Plat of Record in Volume 3, Page 15, Nueces County, Texas, Plat Records and more particularly described by metes and bounds as follows: BEGINNING AT A POINT, the intersection of the centerline of existing Country Road 41 and the westerly extension of the south line of Country Creek Unit 2 as shown on Plat of Record in Volume 55, Pages 186-187, for the west corner of the tract herein described; THENCE easterly with said south line of Country Creek Unit 2 and its extension, to its intersection with the northwesterly extension of the centerline of an 80 foot road dedication, recorded in Volume 2358, Page 343, Nueces County, Texas, Deed Records, for a corner of this tract; THENCE in a general southeasterly direction, with the centerline of said 80 foot road dedication, its curves and its angles, to its intersection with the west line of a 17.59 acre tract prezoned "B-1" by Ordinance No. 19871, dated July 28, 1987, for a corner of this tract; THENCE southerly with the west line of the said 17.59 acre tract, to its intersection with the centerline of existing F.M. 2444 (S. Staples Street), for a corner of this tract; THENCE westerly with the centerline of said F.M. 2444, 1,526.85 feet, more or less, to its intersection with the northerly extension of the west line of preliminary King Estates Subdivision, for an inside corner of this tract; 95NH2830.339.skp r EXHIBIT A Metes and Bounds Case No. C695 -5A Page 6 8 THENCE south with said west line of preliminary King Estates Subdivision, 5,279.77 feet, more or less, to its intersection with the north line of the south half of Section 32, Laureles Farm Tracts, for a corner of this tract; THENCE west with said north line of the south half of Section 32, Laureles Farm tracts, 2,815 feet, more or less, to its intersection with the southerly extension of the centerline of existing County Road 41, for the south corner of this tract; THENCE northerly with the centerline of existing County Road 41 and its extensions to its intersection with the westerly extension of the south line of Country Creek Subdivision Unit 2, for the west corner of this tract; THENCE east with said south line of Country Creek Subdivision Unit 2 and its extension, to its intersection with the centerline of existing South Oso Parkway, for the POINT OF BEGINNING. Subarea D1.5 A 376 acre tract, more or less, out of Section 31 and 32, Laureles Farm Tracts, as shown on Plat of Record in Volume 3, Page 15, Nueces County, Texas, Plat Records, otherwise called King Estates, now or formerly owned by Eloy H Salazar and more particularly described by metes and bounds as follows: COMMENCING at a point, the intersection of the centerline of the road dedication (proposed Oso Parkway South) described in Volume 2358, Page 343, Nueces County, Texas, Deed Records and the centerline of existing (S. Staples Street) F.M. 2444; THENCE westerly along said centerline of F.M. 2444, 294.4 feet, more or less, to a point on the westerly boundary line of proposed annexation subarea D1.1, for the northeast corner of the tract herein described and the point of beginning; THENCE continuing westerly along said centerline of F.M. 2444, 1,452.81 feet, more or less, to a point on the easterly boundary line of proposed annexation subarea D1.4, for the northwest corner of this tract; THENCE south along said easterly line of proposed annexation subarea D1.4, the same being the westerly line of this tract, 5,279.77 feet, more or less, to a point on the north line of the south half of section 32, Laureles Farm Tracts, for the southwest corner of this tract; THENCE west along said north line of the south half of Section 32, Laureles Farm Tracts, 3,301.85 feet, more or less, to a point on said westerly boundary line of proposed annexation subarea D1.1, for the southeast corner of this tract; 95NH2830.339.skp 1 I T EXHIBIT A Metes and Bounds Case No. C695 -5A Page 7 9 THENCE in a general northwesterly direction with said westerly boundary line of proposed annexation subarea D1.1, the same being the easterly boundary of this tract as follows; North 890 feet, more or less; East 400 feet, more or less; North 1,067.67 feet, more or less; North 17° 02' 08" East, 575.40 feet, more or less; North 38° 28' 07" West, 355.13 feet, more or less; North 26° 28' 07" West, 560 feet, more or less; North 89° 58' 05" West, 200 feet, more or less; North 00° 01' 55" East, 340 feet, more or less; Northwesterly along a curve to the left whose R = 520.23 feet, T = 306.44 feet and length = 533.86 feet and central angle = 60°; an arc distance of 553.86 feet, more or less; North 60° 58' 05" West, 548.34 feet, more or less; South 00° 01' 55" West, 114.30 feet, more or less; North 89° 58' 05" West, 1,000 feet, more or less; THENCE north 1,041.88 feet, more or less, to a point on the centerline of F.M. 2444, the southwest corner of proposed annexation subarea D1.3, for the POINT OF BEGINNING. 95NH2830.339.skp EXHIBIT A Corpus Christi, Texas (Q? day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1995. 10 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 MAYOR THE CITY O?CORPUS CHRISTI The above ordinance was passed by the following vote: A Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 95N142830.339.skp T" ac Q nc k\ aft u22272