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HomeMy WebLinkAbout024287 ORD - 11/21/2000AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY VIRGIL HINOJOSA, BY CHANGING THE ZONING MAP IN REFERENCE TO 5.44 ACRES OUT OF A 234.24-ACRE TRACT OUT OF THE MCKINZIE 388.290-ACRE TRACT IN SURVEY 4'11, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT ON TRACT '1 AND "B-I" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 2; 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 repor/s and recommendations concerning the application of Virgil Hinojosa for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 11, 2000, during a meeting of the Planning Commission, and on Tuesday, November 21, 2000, 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 5.44 acres out of a 234.24-acre tract out of the McKinzie 388.290-acre tract in Survey 411, located on the south side of Up River Road, approximately 2,250 feet east of McKinzie Road, from "R-1B" One-family Dwelling District to "R-2" Multiple Dwelling District on Tract 1 and "B-I" Neighborhood Business District on Tract 2. A metes and bounds description of the subject 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 made by 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. H:\LEG-DIR\NO EMI\DDC U RTIS'WIYDOCS~000\P&ZORD00~ZO NING.ORD\DOYLEC~Z090002A. DOC 0 4257 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. SECTION $. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That 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, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of November, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor, The City of Corpus APPROVED AS TO LEGAL FORM November 6, 2000 James R. Bray, Jr. City Attorney By: ,.~e°Ynli~ rD/~s i~st~Snt City Attorney H:\LEG-DIR\NOEMI\DDCU RTIS~vlYDOCS~2000\P&ZO RD00~ONING.ORD\DOYLEC~Z090002A. DOC Corpus Christi, Texas 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, 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 A. Kinnison Betty Jean Longoria John Longoria Mark Scott H:\LEG-DIR\NO EMI\DDC U RTIS'~t, IYDOCS~000\P&ZORD00~.O NING.ORD\DOYLEC~.090002A. DOC 024287 State of Texas County of Nueces FIELD NOTES for a 4.15 acre tract of land, out of MAPLE HILLS SUBDMSION, being originally out ora 35.24 acre tract known as Tract 2, as recorded in Volume 1450, Pages 528-529, Deed Records of Nueces County, Texas; said 35.24 acre tract being a portion of the McKinzie 388.26 acre tract in Survey 417, patented to F.W. Shaeffer, Abstract 571, Survey 419, patented to F.W. Shaeffer, Abstract 570, Survey 422, patented to A.E. Spohn, Abstract 850, Nueces County, Texas; said 4.34 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod, found at the Southeast comer of said Tract 2, also being the Southwest comer of Tract 3, as recorded in Volume 1450, Pages 521 & 522, of the Deed Records ofNueces Coumy, Texas. TItENCE N 09° 07'00"E, for a distance of 641.54 feet, to a 5/8 inch iron rod, set for the Southeast comer of said 4.34 acre tract and POINT OF BEGINNING. THENCE N 80° 02' 05" W, for a distance of 342.62 fee~, to a 5/8 inch iron rod, found for the Southwest comer of said 4.34 acre tract; TItENCE North, along the south fight-of-way line of proposed Stonewall Boulevard, with a curve turning to the left, bearing a Radius of 80.0 feet, an Angle of 90° 50' 55", a Tangent of 81.19 feet, for a distance of 126.85 feet, to a 5/8 inch iron rod, found for a point along the west boundary of said 4.34 acre tract; THENCE N 09° 07' 00" E, along the east fight-of-way line of proposed Deer Run Drive, for a distance of 612.34 feet, to a 5/8 inch iron rod, found for a point along the west boundary of said 4.34 acre tract; THENCE North, along the east fight-of-way line of proposed Deer Run Drive, with a curve turning to the right, bearing a Radius of499.11 feet, an Angle of 5° 54' 30", a Tangent of 25.76 feet, for a distance of 20.68 feet, to a 5/8 inch iron rod, set for the Northwest comer of said 4.34 acre tract; THENCE S 65° 27' 48" E, for a distance of 272.84 feet, to a 5/8 inch iron rod, set for the Northeast comer of said 4.34 acre tract; THENCE S 09° 07' 00" W, for a distance of 645.53 feet, to the POINT OF BEGINNING, containing 4.15 ac~ State of Texas County of Nueces FIELD NOTES for a 1.29 acre tract of land, out of MAPLE HILLS SUBDIVISION, being originally out ora 35.24 acre tract, known as Tract 2, as recorded in Volume 1450, Pages 528-529, Deed Records of Nueees County, Texas; said 35.24 acre tract being a portion of the MeKinzie 388.26 acre tract in Survey 417, patented to F.W. Shaeffer, Abstract 571, Survey 419, patented to F.W. Shaeffer, Abstract 570, Survey 422, patented to A.E. Spohn, Abstract 850, Nueces County, Texas; said 1.11 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod, found at the Southeast comer of said Tract 2, also being the Southwest corner of Tract 3, as recorded in Volume 1450, Pages 521-522, of the Deed Records of Nueces County, Texas. THENCE N 09° 07'00"E, for a distance of 1317.07 feet, to a 5/8 inch iron rod, set for the Southeast corner of said 1.11 acre tract and POINT OF BEGINNING. THENCE N 65° 27' 48" W, for a distance of 272.84 feet, to a 5/8 inch iron rod, set for the Southwest corner of said 1.11 acre tract; THENCE North, along the east right-of-way line of proposed Deer Run Drive, with a curve turning to the right, bearing a Radius of499.11 feet, an Angle of 17° 17' 49", a Tangent of 75.92 feet, for a distance of 130.00 feet, to a 5/8 inch iron rod, found for a point along the west boundary of said 1.11 acre tract; THENCE N 26° 24' 49" E, along the east right-of-way line of proposed Deer Run Drive, for a distance of 80.0 feet, to a 5/8 inch iron rod, found for a point along the west boundary of said 1.11 acre tract; THENCE North, along the east right-of-way line of proposed Deer Run Drive, with a curve turning to the right, bearing a Radius of 20.0 feet, an Angle of 90° 00' 00", a Tangent of 20.0 feet, for a distance of 31.42 feet, to a 5/8 inch iron rod, found for the Northwest corner of said 1.11 acre tract; THENCE S 63° 35' 11" E, along the south right-of-way line of Up River Road, for a distance of 201.14 feet, to a 5/8 inch iron rod, found for the Northeast corner of said 1.11 acre tract; THENCE S 09° 07' 00" W, for a distance of 230.0 feet, to the POINT OF BEGINNING, containing 1.29 a~s. State of Texas } County of Nueces } SS: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 3637495 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager 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, dim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 6TH day(s) of NOVEMBER, ooo. ¢,&, o'zq $126.30 Customer Service Manager Subscribed and sworn to me on the date of NOVEMBER 07, 2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. November 6,' 20Q0 NOTICE OF pUBLiC HEARING CONSIDER APpLICATION(S) OF THE CITY OF CORPUS , CHRISTI Notice ie herdey given in aooonJanco with ~he law that the CI~ Council of the Cit~ of Co~us Christi will conduct a public~ heating on Tuesday, November 21, 2000, during a regular Council meeting which in the 1201 Leopa consider the NeighbOrhood Busir,~ss District on Tract 2-- Located on the so,th side of Up RNer Rol~d, approximately 2,250 f~t east of McK[nzle Rca . Information may obtained by 880-3560 or visiting planning De~oe~me~t at 1201 L.~ Street. Is/Am~ndo Chapa PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SSi CITY OF CORPUS CHRISTI Ad # 3657005 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager 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, dim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, co us chrmi ~ the World W NOVEMBER, TWO (2) Timt $67.54 OF ORDINANCE(S): NO. 024287, by changing 'the zoning map in ;.reference to 5.44 acre~ ~ of a 234.24-acre tra~ ~ut of the McKinzla NOTICE OF PASSAGE OF ORDINANCE[S): which the ~ ~Corpus Christi Caller-Times and on ~Interactive on the 27TH day(s) of One-famll Dwelling :~trict to "~-2" Multiple 'Dwelling Distdct on Tract : ~lghborhood Buslneae ,.~ "District on Tract 2; emending the ~m~prehensive Plan to Customer Service Manager Subscribed and sworn to me on the date of NOVEMBER 28, 2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public account for any deviations from the existing Comprehensive ~ssed and approved by ~ c~y c~ur~ of ~ Is/Nmmx~ Chepa City Secr~ary ~-C~ of Coq~s Chdsf/ My commission expires on 5/14/01.