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HomeMy WebLinkAbout025146 ORD - 12/17/2002Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BRASELTON LAND VENTURES, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO 27.896 ACRES AND .44 ACRES OUT OF LOTS 13 AND 14, SECTION 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "F-R" FARM-RURAL DWELLING DISTRICT TO "R-lC" ONE-FAMILY DWELLING 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 Braselton Land Ventures, 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, November 6, 2002, during a meeting of the Planning Commission, and on Tuesday, December 10, 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 27.896 acres and .44 acres out of Lots 13 and 14, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, approximately 1,650 feet east of Airline Road, from "F-R" Farm- Rural District to "R-lC" One-Family Dwelling District. The 27.896 acres is described by metes and bounds on the attached Exhibit A. The .44 acres is described by metes and bounds on the attached Exhibits B and C. 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. 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. \\LEGAL\LAW~LEG-DI R\DoyleDCu rtis~v/YDOCS~ 002\P&ZORD02~_on lng .ord\DOYLEC~002~Z 110201A. B raseltn. O rd .App. &PC .doc Page 2 of 3 SECTION Ii. 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 ~,.~q~. day of December, 2002. ATTEST: Armando Chapa City Secretary THE CITY OF COI~PUS CHRISTI -{5~i~uel L. [~e'~l, Jr. ' '- /// Mayor, The City of Corpus Cl~isti APPROVED AS TO LEGAL FORM 4 December, 2002 James R. Bray, Jr. City~ey /~ //~ /- Doyle D~Curtis Senior Assistant City Attorney \\LEGAL\LAVV~LEG-DIR\Doyle DC urtis~MYDOCS~2002~P&ZORD02~Zoning .o rd\DOYLEC~002~Z 110201A. Braseltn. Ord.App.&PC.doc Page 3 of 3 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 Javier D. Colmenero Henry Garrett The above ordinance was passed by the following vote: Samuel L. Neal, Jr. (/'~L(~ ? Brent Chesney ~_~ j~.¢ ~, William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott \\LEGAL\LAW~LE G-DI R\DoyleDCu r tis'A,1YDOCS~002\P&ZORD02~_on lng. o rd\DOYLE C~002~. 110201 A. B raseltn. O rd .App. &PC .doc LEGAL DESCRIPTION 27.896 ACRE TRACT OF LAND NUECES COUNTY, TEXAS BEING a tract or parcel of land situated in the City of Corpus Christi, Nueces County, Texas, and being part of that tract of land described by Warranty Deed recorded in Volume 1590, Pages 530- 532 of the Deed Records of Nueces County, Texas, and being part of Lots 13 and 14, Section 19 of the Flour Bluff& Encinal Farm & Garden Tracts, as shown on map recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and being more particularly described as follows; Commencing at a 1/2" iron pipe found in the east line of said Lot 13, for the southeast comer of Lot 2, Block 9, Whispering Creek Addition, an addition to the City of Corpus Christi, Texas according to the map recorded in Volume 45, Page 112, Plat Records of Nueces County, Texas; Thence South 29004'38" West with the east line of said Lot 13, for a d/stance of 30.00 feet to a point in the centerline of Wooldridge Road; Thence No~th 60056'00'' West with the centerline of said Wooldridge Road, a distance of 410.00 feet to a cotton spindle set for the POINT OF BEGINNING, from which a 5/8" iron rod found for the southwest comer of a called 6.00 acre tract conveyed to Corporation of the presiding Bishop of the Church of Jesus Christ of the Latter-Day Saints, a Utah Corporation Sole, recorded in Volume 1485, Pages 331-333 of the Deed Records of Nueces County, Texas, bears North 29°04'20" East, a distance of 30.00 feet; THENCE North 60056'00'' West continuing along the centerline of said Wooldridge Road, a distance of411.27 feet to a cotton spindle set for comer; THENCE North 29002'20'' East, at 30.00 feet pass a 5/8" iron rod with a red plastic cap stamped "Naismith Eng. C.C., Tx." set (hereinaRer called 5/8" iron rod set) at the southeast comer of a 4.00 acre tract of land described in Document No. 1998047123 of the Official Records of Nueces County, Texas, and continuing with the east line of said 4.00 acre tract, for a total distance of 378.48 feet to a 5/8" iron rod found at the northeast comer of said 4.00 acre tract; THENCE North 60°57'20'' West, along the north line of said 4.00 acre tract, a distance of 500.20 feet to a 5/8" iron rod set in the west line of said Lot 14 and the east line of Lot 15, Section 19 of the Flour Bluffand Encinal Farm and Garden Tracts, and in the east line of an 8.33 acre tract of land described in Document No. 963581 of the Official Records of Nueces County, Texas; THENCE North 29°01 '52" East, along the west line of said Lot 14, the east line of said Lot 15, and the east line of said 8.33 acre tract and passing the northeast comer of said 8.33 acre tract at a distance of 157.15 feet and continuing for a total distance of 375.61 feet to a 5/8" iron rod set in the existing south line of Lot 18, Block "A" of Airline Subdivision, (as monumented on the ground) an addition to the City of Corpus Christi as shown on map recorded in Volume 12, Page 18 of the Map Records of Nueces County, Texas; THENCE South 61°18'01'' East, along the south line of said Lot 18, a distance of 10.93 feet to a 5/8" iron rod found at the southeast comer of said Lot 18; EXHIBIT A THENCE North 28044'23'' East, along the east line of said Lot 18, a distance of 166.08 feet to a 5/8" iron rod found at the northeast comer of said Lot 18, and in the south line of Lyons Street (60 foot right-of-way); THENCE North 29o16'09'' East, crossing said Lyons Street, a distance of 59.75 feet to a 5/8" iron rod set in the north line of said Lyons Street, and at the southeast comer of Lot 20, Block "B" of said Airline Subdivision; THENCE North 28°44'23" East, along the east line of said Lot 20, a distance of 166.35 feet to a 5/8" iron rod set at the northeast comer of said Lot 20; THENCE Noith 61°18'01" West, along the north line of said Lot 20, a distance of 9.49 feet to a 5/8" iron rod set in the west line of said Lot 14 and the east line of Lot 15, Section 19 of said Flour Bluff and Encinal Farm and Garden Tracts; THENCE North 29°01 '52" East, along the west line of said Lot 14, the east line of said Lot 15, and the east tine of a 0.615 acre tract of land described in Document No. 1998024694 of the Official Records of Nueces County, Texas, a distance of 125.53 feet to a 5/8" iron rod set at the southwest comer of a tract of land conveyed to the City of Corpus Christi for a Drainage Ditch, described in Volume 2145, Page 202 of the Deed Records of Nueces County, Texas; THENCE South 61000'00'' East, along the south line of said City of Corpus Christi tract, a distance of 1322.42 feet to a 5/8" iron rod set in the west line of Windsong Unit I, an addition to the City of Corpus Christi, Texas, according to the map recorded in Volume 49, Pages 140-141 of the Plat Records of Nueces County, Texas; THENCE South 29004'38'' West, along the west line of said Windsong Unit I, a distance of 606.06 feet to a 5/8" iron rod set at the northeast comer of said Lot 2, Block 9, Whispering Creek, same being the northeast comer of said 6.00 acre church tract; THENCE North 60°53'20'' West, departing the west line of said Windsong Unit I, and along the north line of said Lot 2 and said 6.00 acre tract, and passing the northwest comer of said Lot 2 at a distance of 380.00 feet, and continuing a total distance of 410.03 feet to a 5/8" iron rod found at the northwest comer of said 6.00 acre tract; THENCE South 29o04'20'' West, along the west line of said 6.00 acre tract, at 637.43 feet pass a 5/8" iron rod found at the southwest comer of said 6.00 acre tract, and in the north line of said Wooldridge Road and continuing for a total distance of 667.43 feet to the POINT OF BEGINNING and containing 1,215,153 square feet or 27.896 acres of land, more or less. Note: Beatings are based on the south line of The Meadows, Unit 2 as shown on map recorded in Volume 45, Page 244, Map Records of Nueces County, Texas. C:~Land~OwgX6 8 5 BBoundary LEGAL DESCRIPTION 0,44 ACRE TRACT OF LAND NUECES COUNTY, TEXAS BEING a tract or parcel of land situated in the City of Coipus Christi, Nueces County, Texas, and being part cfa 6.00 acre tract of land described by Warranty Deed recorded in Volume 1485, Pages 331-333 of the Deed Records of Nueces County, Texas, and being part of Lot 13, Section 19 of the Flour Bluff& Encinal Farm & Garden Tracts, as shown on map recorded in Volume A, Pages 41- 432 Map Records of Nueces County, Texas, and being more particularly described as follows; BEGINNING at a 5/8" iron rod found for the southwest comer of said 6.00 acre tract, same point being in the north right-of-way line of Wooldridge Road (60 foot fight-of-way); THENCE North 29004'20'' East departing said Wooldridge Road and along the w~t line of said 6.00 acre tract, a distance of 637.43 feet to a 5/8" iron rod found for the northwest comer of said 6.00 acre tract; THENCE South 60053'20'' East along the not~h line of said 6.00 acre l~act, a distance of 30.00 t~et to the northwest eoreer of Lot 2, Block 9, Whispering Creek Addition, an addition to the City of Corpus Christi, Texa,~ according to the map rcenrded in Volume 45, Page 112, Plat Records of Nueces County, Texas; THENCE South 29°04'20" West along the west line of said Lot 2, Block 9, Whispering Creek Addition, a distance of 627.41 feet to a point for comer at the beginning of a curve to the left having a central angle of 90°00'20', a radius of 10.00 ~Eet and a chord bearing and distance of South 15°55'50" East, a distance of 14.14 feet; THENCE, in a southeasterly direction with said curve to the let-t, an arc distance of 15.71 feet to a point for comer in the south line of'said 6.00 acre tract, same point being in the south line of said Lot 2, Block 9, Whispering Creek Addition, same point being in the north right-of-way line of said Wooldridge Road; THENCE North 60056'00" West along the south line of said 6.00 acre tract, and the north right-of- way line of said Wooldridge Road, a distance of 40.00 feet to the POINT OF BEGINNING and containing 19,144 square feet or 0.44 acres of land, more or less. Note: Bearings are based on the south line of The Meadows, Unit 2 as shown on map recorded in Volume 45, Page 244, Map Records of Nueces County, Texas. LOCATION MAP EXHIBIT ,,.... Found 518" S60 53 20 E J///'/J / ~ 2S' mlLDIm 100 SCALE SECTION LOT Braselton Land Ventures, Inc. 27.896 Acres 0.44 ACRES 19,144 SQUARE FEET lg Lot 2, Block 9 Whisperin& Creek Volume 45, Page 112 M.IL, N.C.T. Lat~er-Day Saints Church 6.00 Acre~ Volume 1485, Page 331 D.FL, N.C.T. BEGIN,,N. ING !~//11' Found 5/g ,ron Rod SW_ Cot. 6.00 Ac. Tr. l///~l --' P~../ ~ · WOOLDEI~GE EOAD Pole IR 10_00' L=1571, EXISTING ~S' . ^~_ __. CP,&L EASEMENT 20~ Road Easement CB:S 15 55 S(Y'E__ M Volume A, Pa&e 43 CH- 14.14 5' BUILDING UNE M.R.. N.C.T_ Denotes: Overhead Electric Une NOTE: 1) Bearings based on the south line of THE MEADOWS, UNIT 2 as shown on map reoordsd in Volume 4~. Page 244. Map Records of Nueees County, Texas, NA~SMIT~ ENG~TEER[NC, INC. 19,144 SQ. FT. (0.44 ACRES) TRACT OF LAND OUT OF A 6.00 ACRE TRACT OF LAND SITUATED IN LOT 13, SECTION 19 FLOUR BLUFF AND ENCINAL FARM AND G~EN TRACTS NUECES COUNTY. TEXAS State of Texas } County of Nueces } SSi PUBLISHER'S AFFIDAVIT CITY OF CORPU0_5~I~ Ad # 4402061 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 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 23RD day(s) of DECEMBER, $133.48 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of DECEMBER 24, 2002. Notary Pubhc, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ~mbe~ 23, 2002'09 OF NO., referecce to acres and .44 out Of Lots One-fami y I Distdct; No. changing the acres out of 16, "F-R" Gener acres out account for ex is ti n Comprehensive 31~ These ordinances were passed and approved by the City l Council of the City of Corpus Christi on December 17, 2002. /s/Armando Chapa City Secretary City of~