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HomeMy WebLinkAbout024828 ORD - 04/16/2002 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED TRACTS TOTALING 50.01 ACRES, DESIGNATED AS AREA A, TRACT 1 AND 2, BY ZONING AS "FR" FARM-RURAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; REQUIRING APPLICATION FOR CERTIFICATE OF OCCUPANCY FOR NONCONFORMING USE; 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 the City of Corpus Christi, for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2002, during a meeting of the Planning Commission, and on Tuesday, April 16, 2002, 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 zoning the newly annexed tracts totaling 50.01 acres, designated as Area A, Tracts 1 and 2, known as the Packery Channel Park Area, including Nueces County Park #2/Packery Channel Park (Tract 2, containing 20,01 acres) and the adjoining 30 acres (Tract 1) ,and located along the east side of South Padre Island Drive and north of Verde mar Drive, as an "F-R" Farm-Rural District. A metes and bounds description for Area A, Tracts 1 and 2 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 :ILEG-DI RIDOYLEDC U RTISIMYDOCS\2002IP&ZORD02\zONEANNX. ORDlDDC\ZC02020 1.ANXA DOC ( ,-, , 8 .0 I ',.' .' () '. _ -1 ._ > Page 2 of 3 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 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A certificate of occupancy shall be required for every nonconforming use. An application for a certificate of occupancy for a nonconforming use shall be filed within thirty (30) days of the effective date of this ordinance. SECTION 7. 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 8. That this ordinance shall take effect at 12:01 a.m., April 17, 2002, the same time that the ordinance annexing this tract of land takes effect. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) 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 16th day of April 2002. ATTEST: A~ City Secretary THE CITY OF CO~S ~I ~Hn~ ~ . , / Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 9 April, 2002 James R. Bray, Jr. :~~rn ~ Doyle ~ Senior Assistant City Attorney H :ILEG-DI RIDOYLEDCURTISIMYDOCS\2002\P&ZORD021Z0N EAN NX. ORDlDDCIZC020201 .ANXA DOC Page 3 of 3 Corp~:l Christi, Texas _ I" 11\ ()\i1~ l Q --1l1 day of f,2002 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. IIwe, 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. elL ' , Rex A. Kinnison Brent Chesney Javier D. Colmenero Henry Garrett William Kelly John Longoria Jesse Noyola Mark Scott H:ILEG-DIRIDOYLEDCURTISIMYDOCSI2002IP&lORD02\zONEANNX.ORD\DDC\ZC020201.ANX.A.DOC G2/i8~8 METES AND BOUNDS (Packery Channel County Park) 50.01 acres, more or less, consisting of20.0I-acre Packery Channel County Park, also known as Nueces County Park No.2, and a 3D-acre tract described in Vol. 2229, page 155, Nueces County, Texas, Deed Records, said 50.0I-acre tract, more particularly described as follows; BEGINNING AT A POINT, the intersection of the southeast boundary line ofPackery Channel County Park and the northeast right-of-way line of Park Road 22 (South Padre Island Drive) for the south comer of the tract herein described; THENCE, northwesterly with the northeast right-of-way line of said Park Road 22, its curves and its angles, to the south corner of Lot 5, Block 4, Padre Island - Corpus Christi Section 18, as shown in Volume 57, Page 105, Nueces County, Texas, plat records, for the southerly west corner ofPackery Channel County Park, and an outside comer of this tract; THENCE northeasterly with the southeast boundary line of said Lot 5, to its east comer thereof, for an inside comer ofPackery Channel County Park and an inside comer of this tract; THENCE northwesterly. with the northeast boundary line of said Block 4, Padre Island - Corpus Christi Section 18, its curves and its angles, to its north corner thereof, for the west comer of the aforementioned 3D-acre tract. an inside corner of Block 2, Padre Island - Corpus Christi Section 18, as shown in Volume 38, Page 69 and 70, Nueces County, Texas, plat records, and the west comer of this tract; THENCE northeasterly, with the line common to said Block 2, Padre Island - Corpus Christi Section 18 and the aforementioned 3D-acre tract, to a point on the westerly shoreline of existing Packery Channel, for the north comer of this tract; THENCE southeasterly. with the meanders of said westerly shoreline of existing packery Channel, to a point. for the east comer of Packery Channel County Park, and the east corner of this tract, THENCE southwesterly, with the southeast boundary line of said Packery Channel County Park, to a point on the northeast right-of-way line of Park Road 22, for the POINT OF BEGINNING. C0202-01A EXHIBIT A ~t'- ....G0 <"'t~Y;, \,,'" ~t'-\.I R-18 -18 8-4 O.CL R-18 ~,-- CASE C0202-o-tA crrY OF CORPUS CHRISTI. TEXAS PACKERY CHANNa CO. PARK & ADJOINING LAND 2000 Ft. OFt. AREA A -.l " City of Corpus Christi, Planning Department, 08FEB02/AMF EXHIBIT A PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } } CITY OF CORPUS CHRISTI ss: Ad # 4163047 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Supervisor 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, KIeberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE(S): 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 22ND day(s) of APRIL. 2002. OvcL (-JOb: 0 lq5^6J () ;Z~5'eZ q( O~~gao/ $196.22 0 A~ 33t; Oi-.~ S-c3vZ- ~ 0 lLf.g'3j bL"CVl.il- (fj iu~.s~ TWO (2 ) Time(s) Credit Supervisor Subscribed and sworn to me on the date of APRIL 23. 2002. ~~ Ynoru-tA ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. .....----.--....--- --_._-,.,"--~_.---~~--_.,~ -""-,..".__._----~..".._----""--,._~_..,~- -- Corpus Christi Caller-Times. Monday. April 22. 2002109. NOTICE OF PASSAGE OF ORDlNANCE(S): NO. 024lI28.chOnglng \he zoning map In refenonco to !he nowIY annexed tracts totaling 50.0'1 acres, ~ 88 Area A, Trac\ 1 and 2. by zoning as "FR" Farm- Rural . District; NO: 024829. changing the zon-lraQ map in . reference to the newly annexed tracts totaling 230.23 acres, doalgn,atad .. "".aB, !'X zonIngTraet 1 as'F- A FBnn-Aural District and Trac\l! .."AT" Apartment-T'outllft District; NO, 024830. changing the zoning map in reference to the newly annexed tract totapng 195.92 acres, designed as Area C, by zoning as _ "F-R" Farm-Rural District; NO. 024831, changing the zoning map -in refere"98 to the rieWty annexed tract totaling 4.4.16 a ere S I designated as Area D. by zoning as "AT" ApartlTlent- Tourist District; NO. 024lj32, ~ the zoning map 'n rilferenca 10 Lot 14, - Section, 38. Flour luff and Enclnal Farm nd Garden Tracts, rom "R-l-B" One- I falTiily Dwelling District o "RE" Residential state District;. and Q. 024833, changing zoning maP ," fetance to 6.5 acres ut of Lola 1 and 2 ection 28. Aour BI.;jl nd Encinal Fllrm and _TracIa,trom"R- A" One-family Dng Diotrlct and R-1 S" One-family log DiatrIct 10 "lI- General Business onToil;t 1 and A-1' AJlaIIr'18l'lHouse 'strict on Tract 2; mendIng the mprehanal\I8 Plan _ "" any 8viations from the x 1st i n 9 tehlm8fv8 Plan. h.l. . Qrdinanc.8 ere p.8sed. and pproved by !he City ncll of 1he City of _ -"pus Christi on April e. 2002. 101 A_ Chapa