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HomeMy WebLinkAbout022343 ORD - 09/12/1995AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTIONS 22, 23, 24, 35 AND SOUTH HALF OF SECTIONS 21, 25, AND 34 BY ZONING OF NEWLY ANNEXED AREAS TO "F -W' FARM - RURAL DISTRICT ON SUBAREA D4.1 AND AREA 6, "R -1C" ONE - FAMILY DWELLING DISTRICT ON AREAS 1, 2 AND 3, "B-4" GENERAL BUSINESS DISTRICT ON AREA 4 AND "A-2" APARTMENT HOUSE DISTRICT ON AREA 5; 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, July 26, 1995, during a meeting of the Planning Commission and on Tuesday, September 12, 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 Flour Bluff and Encinal Farm and Garden Tracts, Sections 22, 23, 24 and 35 and south half of Sections 21, 25 and 34, bounded on the north by Yorktown Boulevard, on the east by the Cayo Del Oso, on the south by the Oso Creek and on the west by Cimarron Boulevard, be zoned an "F -R" Farm -Rural District on Subarea D4.1 and Area 6, "R -1C" One -family Dwelling District on Areas 1, 2 and 3, "B-4" General Business District on Area 4 and "A-2" Apartment House District on Area 5, 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. 95NH2830.362 / C795 -I IA 8-30-95 (. 22343 stjiLIYltli 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 andshall take effect upon first reading as an emergency measure this the l L. day of '>C f? -i C 4vk +y -, ;1995. ATTEST: THE CITY OF CORPUS CHRISTI MAYOR THE CITY O CORPUS CHRISTI APPROVED THIS THE 30TH DAY OF AUGUST, 1995: JAMES R. BRAY JR., CITY ATTORNEY By: eaa0 bert J. Hart, Assistant Atjprney 95NH2830.362 / C795 -11A 8-30-95 Corpus Christi, Texas 12 day of Si Y 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 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, MAYOR THE CITY OF CORPUS CHRISTI z Council Members The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 95NH2830.362 / C795-1 IA 8-30-95 4 METES AND BOUNDS Case No. C795 -11A TRACT D4 An area consisting of 1,357 acres, more or less, bounded on the north by Bear Creek Unit, Bill Witt Park and Rodd Village, also bounded on the north by the south right-of-way line of Yorktown Boulevard, bounded on the east and the south by the northwesterly low water line of Oso Creek and bounded on the west by Cimmaron Boulevard and more particularly described by metes and bounds as follows; BEGINNING at a point, the intersection of the south right-of-way line of Yorktown Boulevard, and the westerly low water line of Oso Creek for the northeast corner of this tract; THENCE in a southerly then southwesterly direction, along said low water line of Oso Creek, the present city limit line, to its intersection with the centerline of an original 40 -foot right-of-way dedication County Road 13, now called Cimmaron Boulevard, for the southwest corner of this tract; THENCE in a northeasterly direction with said present centerline of County Road 13, the present city limit line, to its intersection southeasterly extension of the south right-of-way line of Lens Drive in King's Crossing Unit 1, for a corner in said present city limit line and an outside corner of this tract; THENCE in a southeasterly direction, along the southeasterly extension of the south right-of-way line of said Lens Drive, the present city limit line, to its intersection with the east right-of-way line of the original 40 -foot right-of-way dedication now called County Road 13, for a corner in the present city limit line and an inside corner of this tract; THENCE in a northeasterly direction, along the east right-of-way line of 40 -foot wide County Road 13 (Cimmaron Boulevard), the present city limit line, to its intersection with the northwesterly extension of the southwest boundary line of Bear Creek Unit 1, for a corner in the present city limit line, and an outside corner of this tract; THENCE in a southeasterly direction, with the southwest boundary line of Bear Creek Unit 1, the present city limit line, to its intersection with the southeast boundary line of said Bear Creek Unit 1, for a corner in the present city limit line, and an inside comer of this tract; THENCE in a northeasterly direction, along said southeast boundary line of Bear Creek Unit 1, the present city limit line, to its intersection with the northeast boundary line of said Bear Creek Unit 1, for a corner in the present city limit line and an inside comer of this tract; THENCE in a northwesterly direction along said northeast boundary line of Bear Creek Unit 1, the present city limit line, to its intersection with the common line between Lots 30 & 31, Section 21, Flour Bluff & Encinal Farm & Garden Tracts, for an outside corner of this tract; 95N1 -I2830.362 / C795 -I IA 8-30-95 EXHIBIT A 5 THENCE in a northeasterly direction with said common line between Lots 30 & 31, Section 21, Flour Bluff & Encinal Farm & Garden Tracts, to its intersection with the southwest boundary line of existing Bill Witt Park, for a point in the present city limit line and an outside corner of this tract; THENCE is a southeasterly direction along said southwesterly boundary line of existing Bill Witt Park, the present city limit line, a distance of 1,750 feet, more or less, to a point, an inside corner of Bill Witt Park, a comer in the present city limit line, and an inside corner of this tract; THENCE in a southerly direction, along said southwesterly boundary line of existing Bill Witt Park, the present city limit line, a distance of 100 feet, more or less, to the northeast comer of a 7.53 acre tract, more or less, described in Deed Volume 989, Pages 583-586, Nueces County, Texas, Deed Records, for a comer in the present city limit line and an outside corner of this tract; THENCE in a westerly direction, along the north boundary line of said 7.53 acre tract, the present city limit line, 251 feet, more or less, to its northwest corner thereof, for a corner in the present city limit line, and an inside corner of this tract; THENCE in a southerly direction, along the west boundary line of said 7.53 acre tract and its southerly extension, the present city limit line, to its intersection with the south right-of-way line of Safety Steel Drive, for a corner in the present city limit line, for an inside corner of this tract; THENCE in an easterly direction, along the south right-of-way line of Safety Steel Drive, the present city limit line, to its intersection with the east right-of-way line of existing Road H, for a corner in the present city limit line, and an inside comer of this tract; THENCE in a northerly direction along said east right-of-way line of existing Road H, the present city limit line, 390 feet, more or less, to its intersection with the common northeast boundary line of Lots 7 & 8, Section 22, Flour Bluff & Encinal Farm & Garden Tracts, for a corner in the present city limit line, and an outside corner of this tract; THENCE in a southeasterly direction, along said common northeast boundary line of Lots 7 & 8, Section 22, Flour Bluff & Encinal Farm & Garden Tracts, the present city limit line, to its intersection with the common northwest boundary line of Lots 17 & 32, Section 25, Flour Bluff & Encinal Farm & Garden Tracts, for a corner in the present city limit line and an inside corner of this tract; THENCE in a northeasterly direction along said northwest common boundary line of Lots 17 & 32, Section 25, Flour Bluff & Encinal Farm & Garden Tracts, the present city limit line, to its intersection with the south right-of-way line Yorktown Boulevard, for a corner in the present city limit line, and a northwesterly corner of this tract; 95NH2830362 / C795 -11A 8-30-95 -r EXHIBIT A 6 THENCE in a southeasterly direction along said south right-of-way line of Yorktown Boulevard, leaving the present city limit line, to its intersection with the westerly low water line of Oso Creek, for a point on the present city limit line, the northeast corner of this tract and the point of BEGINNING. SAVE AND EXCEPT AREAS 1, 2, 3, 4, 5 AND 6. AREA 1 - An 8 acre tract, more or less, prezoned an "R -1B" One -family Dwelling District by Ordinance 19386 dated July 22, 1986, described as follows; An 8.00 acre tract, more or less, of land out of Lots 30 and 31, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records of Nueces County, Texas: BEGINNING at a 1 -inch iron pipe on the southeast boundary of Lot 30, Section 21, for the east corner of this tract from which corner the centerline intersection of Yorktown Boulevard and County Road 13 (Cimmaron Boulevard) bears N 29° 03' 25" E, 1,898.66 feet, more or less, thence N 60° 58' 20' W, 1,980.61 feet, more or less; THENCE S 29°02'45" W, along the southeast boundary of said Lot 30, a distance of 430.00 feet, more or less, for the south corner of this tract; THENCE N 60° 57'10" W, 675.00 feet, more or less, for the west corner of this tract; THENCE N 29°02'50" E, 595.00 feet, more or less, to a point on the southwest boundary of a City Park for the north corner of this tract; THENCE S 46°5820" E, along the southwest boundary of said City Park, 698.00 feet, more or less, for the POINT OF BEGINNING. AREA 2 - A 183 acre tract, more or less, out of Lots 29 and 30, Section 21 and Lots 4, 5, 6, 7, 10, 11, 12, 13, 20, 21, 22, 23, and 25, Section 22, Flour Bluff and Encinal Farm and Garden Tracts, as shown on Map of Record in Volume A, Pages 41-43, Nueces County, Texas Map Records, more particularly described by metes and bounds as follows; BEGINNING at a point, the intersection of the northerly extension of the east line of Bear Creek Unit 1 and the southwest line of Bill Witt Park for the northwest corner of this tract; THENCE S 46°57'34" E, 1,001.20 feet, more or less, to a point, for an outside corner of this tract; THENCE S 02°02'47" E, 109.42 feet, more or less to a point, for an outside corner of this tract; THENCE S 87°58'40" W, 251.50 feet, more or less, to a point, for an inside corner of this tract; 95NH2830.362 / C795 -I IA 8-30-95 EXHIBIT A 7 THENCE S 01°59'45" E, 1,365.67 feet, more or less, to a point, for an inside corner of this tract; THENCE N 88°02'39" E, 250.95 feet, more or less, to a point, for an outside corner of this tract; THENCE S 01°58'13" E, 790.05 feet, more or less, to a point, for an outside comer of this tract; THENCE S 31°03'25" W, 421.65 feet, more or less, to a point, for an inside corner of this tract; THENCE S 01°17'13" E, 848.38 feet, more or less, to a point, for an outside corner of this tract; THENCE S 59°03'18" W, 395.15 feet, more or less, to the point of curvature of a curve to the right whose central angle = 54°57'53", radius = 1,824.50 feet, tangent = 949.06 feet, and arc length = 1,750.27 feet, fora point; THENCE southwesterly along said curve to the right, an arc distance of 1,750.27 feet more or less, to its point of tangency, for a point; THENCE S 65°58'49" W, 802.97 feet, more or less, to the point of curvature of a curve to the left whose central angle = 16°00'00", radius = 498.08 feet, tangent = 70 feet, and arc length = 139.09 feet, for a point; THENCE southwesterly with said curve to the left, an arc distance of 139.09 feet, more or less, to a point, its intersection with the southerly extension of the east line of Bear Creek Unit 1, for the southwest corner of this tract; THENCE N 29°02'45" E, 4,685.92 feet more or less, to the POINT OF BEGINNING. AREA 3 - 94.45 acres, more or less, out of a 208.00 acre tract of land, prezoned an "R -1C" One - family Dwelling District by Ordinance No. 19386 dated July 22, 1986, described by metes and bounds as follows; BEGINNING at a point on the centerline of County Road 13 (Cimmaron Boulevard). Same being the northwest boundary of Lot 17, for the southwest corner of this tract from which corner the centerline intersection of said County Road 13, and Yorktown Boulevard, for the north corner of Lot 17, Section 21 of Flour Bluff and Encinal Farm and Garden Tracts, bears N 29°02'50" E, 6,374.45 feet, more or less; THENCE northeasterly along the centerline of said County Road 13, 2,078 feet, more or less, to its intersection with westerly extension of the south line of Bear Creek Subdivision Unit 1, for the northwest comer of this tract; THENCE southeasterly along said south line of Bear Creek Unit 1, 1,980 feet, more or less, to the southeast corner of said Bear Creek Unit 1, for the northeast corner of this tract; 95NH2830.362 / C795-1 IA 8-30-95 EXHIBIT A 8 THENCE southwesterly along the southerly extension of the east line of Bear Creek Unit 1, 2,078 feet, more or less, to a point on the north line common to Areas 4 and 5, for the southeast corner of this tract; THENCE northwesterly along said common north line of Areas 4 and 5, 1,980 feet, more or less, to a point on the centerline of County Road 13, the northwest corner of Area 4, for the southwest corner of this tract and the POINT OF BEGINNING. AREA 4 - An 18.3 acre tract, more or less, prezoned a "B-4" General Business District by Ordinance No. 19386, dated July 22, 1986, described as follows; An 18.3 acre tract, more or less, of land out of Lots 17, 25 and 26, Section 22, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records ofNueces County, Texas: BEGINNING at a point on the centerline of County Road 13 (Cimmaron Boulevard) same being the northwest boundary of Lot 17, for the north corner of this tract, from which corner the centerline intersection of said County Road and Yorktown Boulevard, for the north corner of Lot 17, Section 21 of said Flour Bluff and Encinal Farm and Garden Tracts bears N 29°02'50" E 6,374.45 feet, more or less; THENCE S 60°57'10" E, at 20.00 feet pass the southeast boundary of said County Road 13, in all a distance of 620.00 feet, more or less, for the east corner of this tract; THENCE S 29°02'50" W, 260.00 feet, more or less, for the point of curvature of a circular curve to the left which has a central angle of 40°06'25", a radius of 300.00 feet, a tangent distance of 109.51 feet and an arc length of 210.00 feet; THENCE along said curve to the left, 210.00 feet, more or less, for the point of tangency; THENCE S 11°03'35" E, 320.00 feet, more or less, for the south corner of this tract and the beginning of a circular curve to the right which has a central angle of 07°29'05", a radius of 1,110.00 feet, a tangent distance of 72.60 feet and an arc length of 145.00 feet; THENCE along said curve to the left, 145.00 feet, more or less, for the point of tangency; THENCE S 71°27'20" W, 628.00 feet, more or less, for the point of curvature of a circular curve to the right, which has a central angle of 63°39'43", a radius of 360.00 feet, a tangent distance of 223.48 feet and an arc length of 400.00 feet; THENCE along said curve to the right, 400.00 feet, more or less, to a point on the centerline of said County Road 13, same being northwest boundary of said Lot 26, for the west corner of this tract; THENCE N 29°02'50" E, along said centerline, same being the northwest boundary of Lots 26 and 95NH2830.362 / C795-1 I A 8-30-95 EXHIBIT A 9 17, a distance of 1360.00 feet, more or less, for the POINT OF BEGINNING. AREA 5 - 13.87 acres, more or less, out of an 81.80 acre tract prezoned "A-2" Apartment House District by Ordinance No. 19386, dated July 22, 1986, more particularly described by metes and bounds as follows; BEGINNING at the northwest corner of this tract, from which corner the centerline intersection of County Road 13 (Cimmaron Boulevard) and Yorktown Boulevard bears N 60°57'10" W, 620 feet, more or less, thence N 29°02'50" E, 6,374.45 feet, more or less; THENCE S60°5710" E, 1,355 feet, more or less, to a point on the southeast line of Lot 19, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, the northwesterly line of Area 2, for the northeast corner of this tract; THENCE S29°02'45" W, along the southeast line of said Lot 19, the northwest line of Area 2, 248 feet, more or less, to a point on the north line of a 69.99 acre tract, now or formerly owned by the City of Corpus Christi, described in Deed Volume 2092, Page 778, Nueces County, Texas, Deed Records, for the southeast corner of this tract; THENCE southwesterly along said north line of the 69.99 acre tract, its curves and its angles, to the southeast corner of Area 4, for the point of curvature of a circular curve to the left, whose central angle = 07°29'05", radius = 1,110 feet, tangent = 72.60 feet and arc length = 145 feet, and the southwest corner of this tract; THENCE northerly along said curve to the left, an arc distance of 145 feet, more or less, to its point of tangency, for a point; THENCE N11°03'35" W, 320 feet, more or less, to a point, the point of curvature of a circular curve to the right, whose central angle = 40°06'25", radius = 300 feet, tangent =109.51 feet, and arc length = 210 feet, for a point; THENCE northerly along said curve to the right, an arc distance of 210 feet, more or less, for a point; THENCE N 29°02'50" E, 260 feet, more or less, to a point, for the northeast corner of Area 4, the northwest corner of this tract and the POINT OF BEGINNING. 95N1-12830.362 / C795-1 IA 8-30-95 EXHIBIT A T 10 AREA 6 - A 69.99 acre tract of land, more or less, out of Lots 19, 25, and 26, Section 22 and all of Fractional Section 23, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records ofNueces County, Texas: BEGINNING at a point on the northwest boundary line of said Lot 26 for the north corner of this tract, from which corner the centerline intersection of County Road No. 13 (Cimmaron Boulevard) and Yorktown Boulevard for the north corner of Lot 17, Section 21 of said Flour Bluff and Encinal Farm and Garden Tracts bears N 29°02'50" E, 7,734.45 feet; said north corner of this tract also being the beginning of a circular curve to the left whose radius point bears N 45°07'03" E, 360.00 feet and which has a central angle of 63°39'43", a radius of 360.00 feet, a tangent distance of 223.48 feet and an arc length of 400.00 feet; THENCE along said curve to left, 400.00 feet for the point of tangency; THENCE N 71°27'20" E, 628 feet for the point of curvature of a circular curve to the right whose radius point bears S 18°32'40" E, 1,110.00 feet and which has a central angle of 26°35'00", a radius of 1,110.00 feet, a tangent distance of 262.22 feet and an arc length of 515.00 feet; THENCE along said curve to the right, 515.00 feet for the point of tangency; THENCE S 81°57'40" E, 824.58 feet to a point on the southeast boundary of said Lot 19 for the east corner of this tract; THENCE S 29°02'45" W, along the southeast boundary of said Lots 19 and 25, a distance of 1,159.96 feet to the shoreline of Oso Creek as approved by the General Land Office by letter dated October 14, 1985 for the south corner of this tract; THENCE along said shoreline, as follows: S 80°5420" W, 21.99 feet; N 82°35'05" W, 101.23 feet; S 89°40'40" W, 323.61 feet; S 83°03'10" W, 374.46 feet; S 73°57'45" W, 242.04 feet; S 64°36'20" W, 94.55 feet; S 57°28'55" W, 201.93 feet; S 54°34'50" W, 395.37 feet; 95N1-12830.362 / C795-1 IA 8-30-95 EXHIBIT A 11 S 62°4825" W, 164.31 feet; S 62°08'55" W, 161.39 feet; S 78°2620" W, 224.46 feet; S 81°32'35" W, 194.34 feet; N 88°46'30" W, 203.15 feet; N 79°50'50" W, 114.09 feet for the west corner of this tract; THENCE N 29°02'50" E, along the centerline of County Road No. 13, same being the northwest boundary of Section 23 and Lot 26, Section 22, a distance of 1,890.18 feet for the POINT OF BEGINNING. 95NH2830.362 / C795-11 A 8-30-95 EXHIBIT A