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HomeMy WebLinkAbout022387 ORD - 10/24/1995AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO A NEWLY ANNEXED AREA CONSISTING OF THE EAST 14.3 ACRES OF SECTION D, SHARE 1, LAURELES FARM TRACTS, BY ZONING THE EAST 12.37 ACRES OUT OF THE EAST 14.3 ACRES OF SECTION D TO "F -R" FARM -RURAL DISTRICT AND THE WEST 1.93 ACRES OUT OF THE EAST 14.3 ACRES OF SECTION D TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT FOR A CONTRACTOR'S STORAGE YARD WITH OUTSIDE STORAGE AND DISPLAY; 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, September 6, 1995 during a meeting of the Planning Commission and on Tuesday, October 24, 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 the zoning map in reference to Laureles Farm Tracts, Share 1, east 12.37 acres out of the east 14.3 acres of Section D, located along the west side of Chapman Ranch Road (State Highway 286) and along the south side of the Oso Creek, be zoned an "F -R" Farm -Rural District, metes and bounds attached as Exhibit A. SECTION 3. That the zoning map in reference to Laureles Farm Tracts, Share 1, northwest 1.93 acres out of the east 14.3 acres of Section D, located along the south side of the Oso Creek, west of Chapman Ranch Road (State Highway 286), be zoned a "B-1" Neighborhood Business District and that a Special Council Permit be granted for a contractor's storage yard with outside storage and display, subject to four (4) conditions, metes and bounds attached as Exhibit B: 95N1-12830.376 / C995 -7A 10-19-95 i 7 M00` 9 2 1. USE: The only use authorized by this Special Permit other than the basic `B-1" Neighborhood Business District uses is a contractor's storage yard and display associated with swimming pool/spa sales, installation, and construction. 2. OUTSIDE STORAGE: Outside storage of materials and equipment shall be limited to materials and equipment normally used in conjunction with swimming pool and spa construction, installation, and maintenance. 3. SCREENING FENCE: Installation of standard six (6) foot tall screening fence along each of the north, south, and west boundaries will be required at such time when the properties adjacent to each boundary are developed with residential uses. If adjacent properties are rezoned to classifications other than "F -R", "RE", "RA", "R -1A", "R -1B", "R -1C", "R-2", "A-1", "A -1A", or "A-2" Districts, such screening fence shall not be required. 4. TIME LIMIT Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions. SECTION 4. That the official zoning map of the City of Corpus Christi, Texas, be and the same is hereby amended as herein ordained. SECTION 5. 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 6. 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 7. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 8. 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 9. 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 2if day of echo be r , 1995. 95NH2830.376 / C995 -7A 10-19-95 ATTEST: 3 MAYOR THE CIT APPROVED THIS THE 19TH DAY OF OCTOBER, 1995. JAMES R BRAY JR., CITY ATTORNEY B SY ert J. Hart, Assistant C,�ttom 95NH2830.376 / C995 -7A 10-19-95 F CORPUS CHRISTI Corpus Christi, Texas 2-(4- day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 19 q5 4 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 OF CORPUS CHRISTI 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 95NH2830376 / C995 -7A 10-19-95 t. at9ae-+l-t • 5 METES AND BOUNDS PROPOSED "F -R" DISTRICT Case No. C995 -7A Consisting of a 5.35 acre tract, more or less, now or formerly owned by David L. Galloway et ux, a 3.42 acre tract, more or less, now or formerly owned by The State of Texas and a 12.36 acre tract, more or less, now or formerly owned by The State of Texas, as shown in Deed Volume 2207, Page 982, Doc # 831443, and Doc # 800366, respectively, of the Nueces County, Texas Deed Records and more particularly described by metes and bounds as follows; 5.35 ACRES OF LAND, more or less, in Nueces County, Texas, out of Fractional Section "D", Laureles Farm Tracts, according to the map or plat thereof, recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, and being described by metes and bounds as follows: BEGINNING at the southwest corner of 200.00 acre Bertha Morgan Homestead Tract, Section "D" Laureles Farm Tracts; THENCE, North 18° 50' E, a distance of 2291.9 feet to the southwest corner of the north 100 acres of Bertha Morgan Homestead Tract; THENCE, East along the south line of said N 100 acres of Bertha Morgan Homestead Tract, a distance of 2183.65 feet to a point in the present west right-of-way line of Chapman Ranch Road to a 1 1/2 inch iron pipe; THENCE, N 18° 50' E along present west right-of-way line of Chapman Ranch Road a distance of 807.7 feet to a point, the POINT OF BEGINNING of the lands herein described; THENCE, West 391.1 feet to a 5/8 inch rod; THENCE, N 2° 42' 42" E 669 feet to a point on the south bank of Oso Creek; THENCE, S 55° 21' E, 381.4 feet; THENCE, S 74° O1' E, 188.9 feet to a point on the present west right-of-way line of Chapman Ranch Road; THENCE, S 18° 50' W, along said west right-of-way line of Chapman Ranch Road a distance of 422 feet, more or less to the POINT OF BEGINNING. 3.42 ACRES OF LAND, more or less, out of and a part of Fractional Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas and being out of and a part of a 5.35 acre tract described in a deed from Patricia W. Prickett to A.L. Hill, dated May 22, 1981 and recorded in Volume 1782, Pages 628, Deed Records of Nueces County, Texas; said 3.42 acres of land, more or less, being more particularly described in metes and bounds, as follows; 95NH2830376 / C995 -7A 10-19-95 EXHIBIT A 6 BEGINNING at the intersection of the existing northwest boundary line of Chapman Ranch Road with the southwest boundary line of the said 5.35 acre tract for the south corner of this parcel; THENCE S 89° 12' 40" W, along said southwest boundary line at 69.30 feet pass the proposed engineer's baseline of the Crosstown Extension at Station 404+25.08 and continuing S 89° 12' 40" W, along said southwest boundary line, in all a distance of 282.05 feet for the west corner of this parcel and the beginning of a circular curve to the right whose radius point bears S 71° 12' 29" E, 5,929.58 feet and which has a central angle of 030 07' 34", a radius of 5,929.58 feet, a tangent distance of 161.81 feet and an arc length of 323.53 and from which corner the west corner of said 5.35 acre tract bears S 89° 12' 40" W, 75.34 feet; THENCE with said circular curve to the right, 323.53 feet for the point of tangency; THENCE N 21° 55' 05" E, 295.77 feet to a point on the southwest shoreline of Oso Creek for the north corner of this parcel; THENCE along the southwest shoreline of Oso Creek, as follows: South 55° 02' 49" East 54.61 feet; South 67° 57' 42" East 120.50 feet; South 73° 29' 29" East, at 26.41 feet pass the proposed engineer's baseline of the Crosstown Extension at Station 398+93.87, in all a distance of 78.90 feet; South 77° 47' 19" East 16.99 feet to a point on the northwest boundary line of Chapman Ranch Road for the east corner of this parcel; THENCE S 21° 55' 05" W, along said northwest boundary line of Chapman Ranch Road, parallel to its centerline and 100.00 feet distant therefrom, measured at right angles thereto, 508.00 feet to the POINT OF BEGINNING. 6 ACRES, more or less, which falls within the perimeter of Tract C5 and which is the north portion of 12.36 acres of land, more or less, out of and a part of Section "D" Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas and being out of and a part of 315.50 acre tract described in deed dated 12/15/61 and recorded in Volume 948, Pages 579 & 580, Deed Records of Nueces County, Texas; said 12.36 acre tract of land being more particularly described in metes and bounds, as follows: BEGINNING at a point on the existing west boundary line of Chapman Ranch Road for the southeast corner of a 304.87 acre tract described in a deed recorded in Volume 1589, Pages 349 - 353 of said Deed Records and the northeast corner of this parcel; THENCE S 17° 50' 42" W, along the west boundary line of said Chapman Ranch Road, parallel to its centerline and 50.00 feet distant therefrom, measured at right angles thereto, 1544.29 feet for the point of curvature of a circular curve to the left whose radius point bears S 72° 09; 18" E, 3,869.72 95NH2830.376 / C995 -7A 10-19-95 EXHIBIT A 7 feet and which has a central angle of 03° 08' 24", a radius of 3,869.72 feet, a tangent distance of 106.06 feet and an arc length of 212.07 feet; THENCE with said circular curve to the left, along said west boundary line of Chapman Ranch Road, 212.07 feet for the southeast corner of this parcel; THENCE N 71° 57' 20" West, along the north line of a 2.703 acre tract described in a deed recorded in Volume 1126, Pages 139 - 147, at 100.16 feet pass the proposed engineer's baseline of the Crosstown Extension at Station 429+51.63, and continuing N 71° 57' 20" W, in all a distance of 240.82 feet for the northwest corner of said 2.703 acre tract and an inside corner of this parcel; THENCE S 18° 02' 40" W, along the west boundary line of said 2.703 acre tract, 422.93 feet to a point on the existing north boundary line of FM Road 43 for a corner of this parcel; THENCE S 89° 12' 40" W, along said north boundary line of FM 43, a distance of 75.21 feet for the southwest comer of this parcel from said point the west corner of Armin Estate tract bears S 89° 12' 40" W, 4,533.94 feet; THENCE N 48° 53' 52" E 77.31 feet for a comer of this parcel and the beginning of a circular curve to the right whose radius point bears S 80° 17' 44" East 4179.72 feet and which has a central angle of 11° 23' 26", a radius of 4179.72 feet, a tangent distance of 416.84 feet and an arc length of 830.93 feet; THENCE with said circular curve to the right, 830.93 feet for a corner of this parcel; THENCE N 21° 05' 49" East 56.79 feet for an angle point of this parcel; THENCE N 17° 56' 06" East 25.00 feet for an angle point of this parcel; THENCE N 17° 50' 42" East 112.47 feet to a point on the south boundary line of the aforementioned 304.87 acre tract for the northwest corner of this parcel; THENCE N 89° 12' 40" East, along the south boundary line of said 304.87 acre tract, at 211.06 feet pass the proposed engineer's baseline of the Crosstown Extension at Station 412+23.36, and continuing N 89° 12' 40" E, along said south boundary line, in all a distance of 316.61 feet to the POINT OF BEGINNING. SAVE AND EXCEPT the following description: 95NH2830.376 / C995-74 10-19-95 EXHIBIT A 8 METES AND BOUNDS PROPOSED `B-1" DISTRICT AND SPECIAL PERMIT Case No. C995 -7A 1.93 acres, more or less, out of a 5.35 acre tract, out of and a part of Fractional Section "D" Laureles Farm Tracts, as shown on plat of record in Volume 3, Page 15, Nueces County, Texas, Map Records, described in a deed from Patricia W. Prickett to A.L. Hill, dated May 22, 1981, recorded in Volume 1782, Pages 628 and 629, Nueces County, Texas, Deed Records, and more particularly described by metes and bounds as follows; COMMENCING at a point, the southeast corner of said 5.35 acre tract; THENCE S 89° 12' 40" W, 282.05 feet, more or less, to a point, the southwest corner of a 3.42 acre tract, more or less, out of said 5.35 acre tract, conveyed from David L. Galloway et ux to the State of Texas, recorded as Document No. 831443, dated Oct. 29, 1992, in the Nueces County, Texas, Deed Records, for the southeast corner of the tract herein described, and point of BEGINNING; THENCE northeasterly along the meanders of the west line of said 3.42 acre tract, to a point on the south bank of Oso Creek, for a point on the north line of said 5.35 acre tract and the northeast corner of this tract; THENCE northwesterly along the meanders of the south bank of Oso Creek, the north line of said 5.35 acre tract, to its northwest corner thereof, for the northwest comer of this tract; THENCE southerly along the west line of said 5.35 acre tract, to its southwest corner thereof, for the southwest comer of this tract; THENCE easterly along the south line of said 5.35 acre tract, to a point, the southwest corner of said 3.42 acre tract, for the POINT OF BEGINNING. 95NH2830.376 / C995 -7A 10-19-95 EXHIBIT B