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HomeMy WebLinkAbout025094 ORD - 11/12/2002 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JIM WALTER HOMES, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 2.0936 ACRES OUT OF A 160.62-ACRE TRACT OUT OF THE GREGORIO FARIAS GRANT, FROM "F-R" FARM-RURAL 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 Jim Walter Homes, Inc. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 25, 2002, during a meeting of the Planning Commission, and on Tuesday, November 12, 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 changing the zoning on 2.0936 acres out of a 160.62-acre tract out of the Gregorio Farias Grant, located on the east side of U.S. Highway 77, approximately 800 feet south of County Road 52, from "F-R" Farm-Rural District to "B-4" General Business District. The 2.0936 acre tract is described by metes and bounds in the attached 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, 1937, 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. IlLEGAL \lAWlLEG-DIRIDoyleDCurtisIMYDOCS\2002IP&ZORD02\Zoning.ordIDOYLEC\2002\Z090204A.JimWa~r. Homes.Ord.App.&PC.doc rJ 2 ;'l (J 9 4 Page 2 of 3 SECTION 5. 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 (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 12th day of November, 2002. ATTEST: ~ Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus C APPROVED AS TO LEGAL FORM 16 October, 2002 James R. Bray, Jr. City ey By: . urtis ssistant City Attorney \\LEGAL \LAWlLEG-DIR\DoyleDCurtisIMYDOCS\2002\P&lORD02\Zoning.ord\DOYLEC\2002\Z090204A.JimWanr. Homes. Ord.App.&PC.doc Page 3 of 3 Corpus Christi, Texas -2~iy of J\D\'-t\'),;~~~1 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: -1tt Samuel L. Neal, Jr. Brent Chesney Henry Garrett Javier D. Colmenero J William Kelly Rex A. Kinnison Mark Scott ~ U~ John Longoria Jesse Noyola IlLEGAL \lAWlLEG-DIRIDoyleDCurtisIMYDOCS\2002IP&ZORD02\Zoning.ordIDOYLEC\2002\Z090204A.JimWallr.Homes.Ord.App.&PC.doc r,2~094 September 11, 2002 647-02027 Property Description STATE OF TEXAS COUNTY OF NUECES Being a 2.0936 acre tract out of a 160.62 acre tract out of the Gregorio Farias Grant described in Deed under Clerk's File No. 2001048089 of the Official Public Records of Nueces County, Texas, also being out of a 259.98 acre tract described in Deed under Clerk's File No. 905827 ofthe Official Public Records ofNueces County, Texas; Said 2.0936 acre tract is situated south of FM 624 and is fronting U.S. Highway 77, in Corpus Christi, Nueces County, Texas; COMMENCING at a 5/8" iron rod found in the west line of said 259.98 acre tract, the east right-of-way of U.S. Highway 77, the southwest corner of a 6.1995 acre tract described in Deed recorded under Clerk's File No. 2007005353 of the Official Public Records ofNueces County, Texas, the northwest corner of Lot I, Block I, Heritage West recorded in Volume 59, Page 192, Map Records, Nueces County, Texas, and the most westerly northwest corner of an 83.928 acre tract described in Deed from Deluxe Properties to Ted M. Anderson recorded under Clerk's File No. 1998027782 of the Official Public Records of Nueces County, Texas, whence the northwest corner of said 259.98 acre tract bears N 09016'18" E, a distance of 1529.90 feet; THENCE S 09016'18" W along the west line of said 259.98 acre tract, the east right-of- way line of U.S. Highway 77, and west line of said 83.928 acre tract, and west line of said Heritage West at 210.00 feet pass the southwest corner of said Lot 1, Block 1, in all a distance of 300.00 feet to a 5/8" iron rod found at the most westerly southwest corner of said 83.928 acre tract, the northwest corner of said 160.62 acre tract for the POINT OF BEGINNING and northwest corner of this tract; THENCE S 80043'42" E along the upper south line of said 83.928 acre tract, the upper north line of said 160.62 acre tract and north line of this tract, a distance of 450.05 feet to a 5/8" iron rod found at the interior corner of said 83.928 acre tract and interior corner of said 160.62 acre tract for the northeast corner of this tract; EXHIBIT A Property Description September 11, 2002 Page 2 THENCE S 09016' 18" W along the lower west line of said 83.928 acre tract, the upper east line of said 160.62 acre tract and east line of this tract, distance of 202.64 feet to a 5/8" iron rod set for the southeast comer of this tract, whence a 5/8" iron rod found at the southwest comer of said 83.928 acre tract and interior comer of said 160.62 acre tract bears S 09016'18" W, a distance of435.21 feet; THENCE N 80043'42" W, a distance of 450.05 feet to a 5/8" iron rod set at the east right-of-way line of said U.S. Highway 77, the west line of said 160.62 acre tract and west line of said 259.98 acre tract for the southwest comer of this tract; THENCE N 09016'18" E along the west line of said 160.62 acre tract, the west line of said 259.98 acre tract and east right-of-way line of U.S. Highway 77, a distance of202.64 feet to the POINT OF BEGINNING containing 2.0936 acres, more or less. Prepared by RVE, Inc. September I I, 2002 .,~'_. PUBLISHER'S AFFIDAVIT State of Texas County of Nueces \ J \ , ss: CITY OF CORPUS CHRISTI Ad # 4371243 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 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, Jim Wells, Karnes, 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 18TH day(s) of NOVEMBER, 2002. OvL. NOb. OJlJoq'3 {. 02Ji()Q4 $108.58 bLCUlCl- ?tj UuliJO.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of NOVEMBER 19, 2002. G~~~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. PUBLISHER'S AFFIDAVIT State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 4352379 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit 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, 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 28TH day(s) of OCTOBER, 2002. $170.83 bLCUlCl- ?tj UuliJO.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of OCTOBER 29,2002. C5? Q-{)ti Yn$2f~, <-:1tmel- Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. 1- Spokkt~ OV'&.. No, o(looqa l WoJitvHomQfJ~ O~!J07Lf Monday, October 28, 2002/09 NOTICE OF P\J8LIC Ii;EARING :rO CONSIDER ZONING APPUCATION(S) OF .THE CITV OF CORPUS CHRISTI Notice is hereby giYen in accordance WIth the law that the City Council of the City of Corpus Christl will conduct a pubUc _09 on T_y, November 12, 2002. durin~ 8 regular Council meeting which commences at 2:00 p.rn. in the City Council ~ City Hall, 1201 Leopard. to consider the toIIoWing zoning ewIlcalion(o) of which said appl_ ore on fila In the 0IIIc0 of the Clly S~ry and tho Department 01 Planning. AI said 1m<> end piece of _ng, aU persons and pertie8 interested may app8II;r before tho City COUncIl. The zoning application(s) to be considered at Ih. hearing are as f~s: 1. 0902w03, Christus Spohn Hoeltil System: Awl Apartment House Diabict with an SP SpocioI Perm~ to B.2' Bayfront Business DistricU..ocated Oft: taw weel side of 0IiHn DrIVe, approximately 150 feet south 0' Morgan Avenue. 2. 0Ib2-04, Jim walter Homes Inc.: F-R Farm- Rural District to 11-4' General Bu,lness Dillt'lcl..ocated on the eaa. siCl:le 01 U.S. Highway 77, approx_1y 8OOfoel I 90UIh of County Road 52. Information may be oblainad by -.. the -g . Oapomlent at 880-3560 or Yiltting the' Planning Departmenl at 1201 "-Ill Straet. /01 Armondo CIIopa City SectooBry City of COrpul ChriIII . ._~..-----'~