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Home My WebLink About023744 ORD - 08/24/1999AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY MCDONALD'S CORPORATION, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.071 ACRES OUT OF LOT 16, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 McDonald's Corporation, for amendment to the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 23, 1999, during a meeting of the Planning Commission, and on Tuesday, August 24, 1999, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this 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 changing the zoning of 1.071 acres out of Lot 16, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of South Padre Island Drive and on the east side of Rodd Field Road, from "R -1B" One -family Dwelling District to "B-4" General Business District. A metes and bounds description of the property is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance in Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. Z069903A.223 023744 2 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are expressly repealed. SECTION 6. 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 7. 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 or n ce is passed and shall take effect upon first reading as an emergency measure this the May of (/,Uj j --7s 1999. ATTEST: 4 Armando Chapa City Secretary APPROVED: This / / 411 day of James R. Bray, Jr., City Attorney By: yvdevr-e-e-Cor aside Samuel L. Ne. , Jr. Mayor, the City of Corpus Christi 4 r_ R. Jay ity Attorney Z069903A.223 , 1999. 3 Corpus Christi,T�exass '4day of v L. S 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, Samuel L. eal, Jr. Mayor, the City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex Kinnison Betty Jean Longoria John Longoria Mark Scott Z069903A.223 au, at,/ (AA- lisca 023744 STATE OF TEXAS ; COUNTY OF NUECES 1 DESCRIPTION OF A 1.071 ACRE TRACT OF LAND, MORE OR LESS, BEING A PORTION OF LOT 16, SECTION 28. FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME 'A', PAGES 41 - 43, MAP RECORDS, NUECES COUNTY, TEXAS. AND ALSO BEING OUT OF TRACTS OF LAND DEEDED TO ROY SMITH BY INSTRUMENTS RECORDED AT VOWME 535, PAGE 448, DEED RECORDS, NUECES COUNTY, TEXAS. AND DOCUMENT NUMBER 820556, OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. RESPECTIVELY, SAID 1.071 ACRE TRACT A5 FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8' IRON ROD FOUND M THE SOUTHEAST RIGHT-OF-WAY LEVE OF RODD FIELD ROAD (S.H. 357) FOR THE NORTHERNMOST WESTERLY CORNER OF NE TRACT HEREIN DESCRIBED MID WESTERNMOST CORNER OF LOT 1, BLOCK 1, ROY SLIITH PLAZA, A MAP OF WHICH IS RECORDED IN VOWME 57, PAGE 13, SND MAP RECORDS; THENCE ALONG THE SOUTHWEST BOUNDARY UNE OF SND WT 1, BLOCK 1, ROY SMITH PLAZA S6335'47E 235.26' TO A 5/8' IRON ROD FOUND FOR AN INTERIOR EASTERLY CORNER OF THIS TRACT MID SOUTHERNMOST CORNER OF SAID LOT 1, BLOCK 1, ROY SMITH PLAZA; THENCE ALONG THE SOUTHEAST BOUNDARY UNE OF SAID LOT 1, BLOCK 1, ROY SMITH PLAZA N26'25'34'E 195.03' TO A 5/8" IRON ROD FOUND FOR THE NORTHERNMOST EASTERLY CORNER OF THE TRACT HEREIN DESCRIBED AND EASTERNMOST CORNER OF SMD LOT 1, BLOCK 1, ROY SMITH PLAZA AND BEING IN THE SOUTHWEST RIGHT-OF-WAY UNE OF SOUTH PADRE ISLAND DRIVE (STATE HIGHWAY 358); THENCE ALONG SAID SOUTHWEST RIGHT-OF-WAY UNE OF SOUTH PADRE ISLAND DRIVE S6531'111% 12.63' TO A 5/8' IRON ROD SET FOR AN EASTERLY CORNER OF THIS TRACT; THENCE CONTINUING ALONG SAID SOUTHWEST RIGHT-OF-WAY UNE OF SOUTH PADRE ISLAND DRIVE S6T31'1tit 32.45' TO A 5/8' IRON ROD SET FOR THE EASTERNMOST CORNER OF THIS TRACT; FROM SAID EASTERNMOST CORNER A 5/8' IRON ROD FOUND FOR THE POINT OF INTERSECTION OF SAD SOUTHWEST RIGHT-OF-WAY UNE OF SOUTH PADRE ISLAND DRIVE AND THE SOUTHEAST RIGHT-OF-WAY UNE OF LEXINGTON ROAD BEARS S6731'18'E 469.25' AND 563'31'18'E 1874.65'; THENCE S4S48121'W 43.14' TO A 5/8' IRON ROD SET FOR AN EASTERLY CORNER OF THIS TRACT; THENCE S26'25'34'W ALONG A UNE WHICH 15 PARALLEL TO AND 30' SOUTHEAST OF SND SOUTHEAST BOUNDARY UNE OF LOT 1, BLOCK 1. ROY SMITH PLAZA THROUGH A PORTION OF SAID tar 16, A DISTANCE OF 306.79' TO A 5/8' IRON ROD SET FOR THE SOUTHERNMOST CORNER OF THIS TRACT; THENCE N6335'47W 274.99' TO A 5/8' IRON ROD SET IN SAID SOUTHEAST RIGHT-OF-WAY UNE OF RODD FIELD ROAD FOR THE WESTERNMOST CORNER OF THIS TRACT; FROM SAD WESTERNMOST CORNER A 5/8' IRON ROD FOUND FOR A WESTERLY CORNER OF SAID TRACT DESCRIBED IN VOWME 535, PAGE 448, DEED RECORDS, BEARS S30' 14'54' W 27.16' AND S29'07'58' W 520.41'; • THENCE ALONG SAI0 SOUTHEAST RIGHT-OF-WAY UNE OF ROOD FIELD ROA) N30'14'54'E 109.34' TO A CONCRETE HIGHWAY MONUMENT FOUND FOR A WESTERLY CORNER OF NIS TRACT; THENCE CONTINUING ALONG SND SOUTHEAST RIGHT-OF-WAY LINE OF ROOD FIELD ROAD N29'50'25E 40.98' TO THE POINT OF BEGINNING. EXHIBIT A PUBLISHER'S AFFIDAVIT STATE OF TEXAS ) CITY OF CORPUS CHRISTI COUNTY OF NUECES ) ss: 0053-18438 Ad# 3063291 Before me, the undersigned, a Notary Public, this day personally came Debra villarze»bo being first duly sworn, according to law, says that she is Credit Clerk of the Corpus Christi Caller Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, Notice of Passage of r)rr7lce which the annexed is a true copy, Was inserted in the Corpus Christi Caller e Caller Times Interactive on the 31 TH day(s) of August , 1999. 1 Time(s) $ 58.93 OLb(a. UL(Wo ea9 Credit Clerk Subscribed and sworn to before me this 11 TH day(s) of May, 2000 , Notary Public, Nueces County, Texas My Commis ion expires on: 6-1 - , 200 I . 6 riivcoc.2, gob. Ocz3140, OV/"/ oangg c za744 env? Co • us Ctxlatl Cdkr-Times Tuesda 31 1989/D7 OTICE OF PASSAGE OF OROINANCE(S) NO. 023743 by changing the zoning map in reference to lot 14, Block 2, Lakeview Acres, by granting a special permit for a mini -storage facility subject to a site plan end four conditions; No.023744, by changing the zoning map in reference to 1.071 acres out of Lot 16, Section 28, Flour Bluff and Encina) Farm and Garden tracts, from 'R -1B' One -family Dwelling District to "B-4" General Business District; NO. 023745, by changing the zoning map in reference to Lots 19 and 20, Block 7, Steele Addition, from 'R -1B' One -family Dwelling District to 'R-2' Multiple Dwelling District; NO. 023748, by granting a special permit for a mini - storage facility subject to a site plan and four conditions to 1.$ t out of Lot 1, Bbdt t, Wilde Subdivision; -End NO. 023747, by changing the zoning'map in reference to Lots 6 through 13, Block 6, Bay View Addition, from 'A-1' Apartment House District and 'AB' Professional Office District to 'B-2' Bayfront Business District; amending. the Comprehensive Pan to account for any deviations from - the existing Comprehensive Plan. These ordinances were passed and approved by the ,City Council of the Ctpr of Corpus Christi on August 24, 1999. /s/Armando Chapa C Cly of Carus Christi