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Home My WebLink About024829 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 230.23 ACRES, DESIGNATED AS AREA B, BY ZONING TRACT 1 AS "F-R" FARM-RURAL DISTRICT AND TRACT 2 AS "AT" APARTMENT. TOURIST 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 230.23 acres, designated as Area B, Tracts 1 and 2, out of the William Bryan Survey 606, Land Survey 24, located along the east side of State Highway 361, fronting the Gulf of Mexico and north of South Padre Island Drive, as "F-R" Farm-Rural District on Tract 1 and "AT" Apartment-Tourist District on Tract 2. A metes and bounds description for Area B, 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-DIRIDOYLEDCURTISIMYDOCS\2002IP&ZORD02\zONEANNX.ORDlDDC\ZC020202.ANX.A.DOC r ' . - ~ I I'''' 'r.~) .- -. -,;,., 1 J '-"- 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. AT~ Armando Chapa City Secretary THE CITY OF Co~;;~~:rl ~~>4. Samuel L, Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 9 April, 2002 James R. Bray, Jr. c;~~~ ~ _ By. ___ ~.- Doyle D urtis Senior Assistant City Attorney H:ILEG-D I RIDOYLEDC U RTI SIMYDOCS\2002IP&ZORD021Z0NEANNX. ORDlDDCIZC020202.ANX.A. DOC Page 3 of 3 Corpus Christi, Texas, ~ I ~\ (\.r-" " n ~daYOf~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. 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. ai, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott H :ILE G-DI RIDOYLEDCU RTI SIMYDOCS\2002IP&ZORD021Z0NEANNX. ORDlDDCIZC020202.ANXA DOC r:.';", V'::J ';' '1 '- . ....... .u..., METES AND BOUNDS (Nueces County Land South of Mustang Island) 221.00 acres, more or less, out of the William Bryan survey No. 606, A-45, described in Document No. 888926, Nueces County, Texas, Deed Records, located southwest of adjacent to Mustang Island State Park, and more particularly described as follows; BEGINNING AT A POINT, on the southeast right-of-way line of existing State Highway 361, the north corner of a 137.73 acre tract, now or formerly owned by Eric C. Lower, described in Document No, 956588, Nueces County, Texas, Deed Records, for the west corner of the tract here-in described; THENCE, northeasterly with the southeast right-of-way line of said State Highway 361, its curves and its angles, to a point on the southwest boundary line of Mustang Island State Park, for a point on the present city limit line established by Ordinance No. 15415, dated March 19, 1980, and the north corner of this tract; THENCE, southeasterly, with said present city limit line, to a point on the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S,C, and G.S. datum of 1929, for a corner in present city limit line and the east corner of this tract; THENCE, southwesterly, with said present city limit line, to a point in line with the northeast boundary line of the aforementioned 137.73 acre tract, for the south corner ofthis tract; THENCE, northwesterly with the northeast boundary line of said 137,73 acre tract, to its north corner thereof for the POINT OF BEGINNING, C0202-02A TRACT 1 EXHIBIT A METES AND BOUNDS (Beach Frontage north of Zahn Road) 9.23 acres, more or less, out of the William Bryan survey No, 606, A-45, located southeast of and adjacent to a 137.73-acre tract, now or formerly owned by Eric C, Lower, described in Docmnent No. 956588, Nueces County, Texas, Deed Records, said 9,23-acre tract more particularly described as follows; BEGINNING AT A POINT, the intersection of the southwest boundary line of said 137.73-acre tract and the vegetation line along the Gulf of Mexico side of Mustang Island, a comer in the present city limit line establish by Ordinance No. 023889, dated December 28, 1999) for the southwest comer of the tract herein described; THENCE, northeasterly, with said vegetation line, the present city limit line, to a point on the southwest boundary line of a 221-acre tract, now or formerly owned by Nueces County, described in Docmnent No. 888926, Nueces County, Texas, Deed Records, for the northwest comer of this tract; THENCE, southeasterly with the southwest boundary line of said 221-acre tract, to a point on the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S.c. and G,S. datum of 1929, for a point on the present city limit line established by Ordinance No. 015415, dated March 19, 1980, and the northeast comer of this tract; THENCE southwesterly, with said present city limit line, to a point in line with the southwest boundary line of the aforementioned 137,73-acre tract, for the southeast comer of this tract; THENCE, northwesterly with the southwest boundary line of said 137.73 acre tract, to a point on the vegetation line for the POINT OF BEGINNING. C0202-02A TRACT 2 EXHIBIT A ~~'t(;-~ ~~ v ~ R-1B A-1B ~ " '$ A-IS r;" TRACT 2 GULF OF MEXICO AREA B CASE C0202-o2A arY OF CORPUS 0iRISTI. TEXAS NUECES co. PROPERTY/ERIC LOWER BEACH FRONTAGE City of Corpus Christi. Planning Department. 08FEB02IAMF EXHIBIT A ,--.:\\', ,:)"'\'\\1.... . <;:~i\~;.\" n'D ,. \,)" C' t_ "l-\\.;'V )" .t:-,\' """,. ~ ..;" .~~ \\\ " \\>\ State ofTe~s County of Nueces , PUBLISHER'S AFFIDAVIT } } ss: CITY OF CORPUS CHRISTI 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, Kames, Kenedy, Kleberg, 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, OvtL~Ob: o~qt;$1 6;Z45'~q( O-JHtOO/ $196,22 0 A~ 331; Oif,.~ g-J~ ~ 0 l4-g'3j bLtVW- (fj Uu~.s~ Credit Supervisor TWO (2 ) Time(s) Subscribed and sworn to me on the date of APRIL 23. 2002, ~04-a Yno~). ~ Notary Public, 'Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05, 1