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Home My WebLink About025147 ORD - 12/17/2002Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RICHARD P. HESSE, BY CHANGING THE ZONING MAP IN REFERENCE TO 9.8005 ACRES OUT OF LOTS 18 AND 16, SECTION 25, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, 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 Richard P. Hesse 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 20, 2002, during a meeting of the Planning Commission, and on Tuesday, December 17, 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 9.8005 acres of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Rodd Field and Yorktown Boulevard, from "F-R" Farm-Rural District to "B-4" General Business Dwelling District. The 9.8005 acres 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, 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-DIR\Doyle DCurtis~vlYDOCS~002~&ZORD02~Zo ning.ord\DOYLEC~002~_ 110202A. RPHesse. Ord.App.&PC.doc 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 17th day of December, 2002. ATTEST: Armando Chapa City Secretary /'Samuel L;~l~-~al;Jr; ' -' ///~/' Mayor, The City of Corpus (~f~risti APPROVED AS TO LEGAL FORM 10 December, 2002 James R. Bray, Jr. By: f'~-~c~,/,x,'-~' ,,~"~' ~ Doyle I~[/'Cu rtis Senior Assistant City Attorney \\LEGAL\LA~LEG-DIR\DoyleDCu rtis'WIYDOCS~002\P&ZORD02~Zoning.ord\DOYLEC~002~Z 110202A. RPHesse. Ord.App.&PC.doc Page $ of $ Corpus Chris~ Texas ~ day of 4~'tt" ,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, ~"S~muel L. N-ea~,jr. / ~ Mayor, The City of Corpus Christi Council Members The above ordinance was passe~l 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 \\LEGAL\LAVV~LEG-DIR\Doyle DC urtisX/vlYDOCS~2002~P&ZORD02~Zoning.ord\DOYLEC~002/Z110202ARPHesse. Ord.App.&PC.doc ' 251 ,i7 STATE OF TEXAS § COUNTY OF NUECES § Part of Lots 15 and 16 Section 25, Flour Bluff and Encinal Farm and Garden Tracts FIELD NOTES to describe the boundary of a 9.8005-acre tract of land being a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 through 43 of the Map Records, Nueces County, Texas and being a portion of that land deeded to Karen Ann Smith et. al, described as Exhibit "B" in Document #1999015842, Official Public Records, Nueces County, Texas, said 9.8005-acre tract being more particularly described by metes and bounds as follows: BEGINNING at a PK nail set in the centerline intersection of Yorktown Road (80' ROW) and the platted extension of Rodd Field Road (40' ROW) for the original southwest comer of said Lot 16 and the southwest comer of this tract; THENCE, N-29°00'-00"-E, along the centerline of said Rodd Field Road extension, a distance of 344.34' to a 5/8" steel rod set in the east right-of-way of the existing Rodd Field Road (120' ROW) for an exterior comer in the west line of this tract and the point of curvature for a curve to the left from which the radius bears N-35°-5 l'-04"-W, 632.96', said curve having a central angle of 25°-08'-56" and a tangent of I41.19'; THENCE, along said curve and right-of-way, at 51.60' pass a 5/8" steel rod set for the east right-of-way of said Rodd Field Road extension, in all an arc length of 277.82' to a 5/8" steel rod set for the point of tangency; THENCE, N-29°00'-00"-E, continuing along the east right-of-way of said Rodd Field Road, a distance of 653.75' to a 5/8" steel rod found for the north comer of this tract; TltENCE, S-02°-26'-06"-W, a distance of 1371.92' to a 5/8" steel rod found in the north right-of-way of Yorktown Boulevard for the upper southeast comer of this tract; Tltl~NCE, S-29°-00'-00"-W, a distance of 40.00' to a 60I) nail found in the centerline of Yorktown Boulevard for the lower southeast comer of this tract; THENCE, N-61°-00'-00"-W, along the centerline of Yorktown Boulevard, a distance of 673.54' to the POINT OF BEGINNING and containing 9.8005 acres of land of which 1.3088 acres are in existing rights-of-way leaving a total of 8.4917 acres of land net. I do hereby certify that these field notes represent a survey made upon the ground under my direction and are true and correct to the best of my knowledge. David L. Nesbitt~-l~.P.L.S. No. ~3-02v" -'a Coym, Rehmet & Gutierrez Engineering, Inc. EXHIBIT A Job No. 9412c Page 1 of 1 02 OECI 0 I0:0 3 State of Texas } County of Nueces } SS: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4382555 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 2ND day(s) of DECEMBER, 2002. $188.26 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of DECEMBER 03, 2002. N~t~r~u-bl~c, 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, December 2, 2002/D7 HEARING TO CONSIDER ZONING THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council ol the City Of Corpus Christi will conduct a public hearing on Tuesday, December 17, 2002, during a regular Council meeting which commences at 2:00 p.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said applications are on file in the Office of the City Secretary! and the Department of Planning. At said time and place ol hearing, al~ persons and parties interested may appear before the City Council, The zoning application(s) to be considered at the hearing are as follows: 1. 1102-02, Richard P. Hesse: F-R Farm-i Rural District to B-4 General Business! DistrictLocated on the northeast corner of Rodd Field Road and Yorktown Boulevard. 2. 1102-04, Brighton Park Associates: F-R Farm-Rural District to B-1 Neighborhood Business DistdctLocated on the west side of Airlin, Road, approximately 650 feet south of Downing Street. 3. 1102-05, David W. and Elaine R. Hoffman: Dwelling District to RE Residential Estate DistdctLocated on the north side of Glenoak Drive, approximately 500 feet west of Re[ta Information may be obtained by calling the Planning Department at 880-3560 or visiting 'the Planning Department at 1201 City Secretary Leopard Street. /s/Armando Chapa City o Corpus Chris i State of Texas County of Nueces SS: PUBLISHER'S AFFIDAVIT CITY OF CORPU[t~9(~I~TI? 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, ova. $133.48 TWO (2 } Time(s) Credit Manager Subscribed and sworn to me on the date of DECEMBER 24, 2002. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Chdst Caller-Times, Monday, Decembe~ 23, 2002/D~ NOTICE OF PASSAGE OF ORDINANCE(S) NO. 025146, changing tee 'zonrng 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 Distdct to "R- 1C" One-family Dwelling District; No. .~5147, changing thell zoning map n reerence to 9.80051l acres out of LO~ 15 and 16. Seofioa 25, Flour Bluff and Encina~ Farm and Garden Tracts,' from "F-R" Farm-Rural Disthct to "B-4" General Bush3ess District; and NO. 0~5148 changing 'ina zo~r~'g map in reference to 5.014 ac'ms out of Lots 13 and 14, Sectk)n 20, Flour ~uff and Encinal Farm and Garden Tracts from "F*R' Farm- Rural District to "B-1 Neighborhood Business District; amending the Comprehensive Plan to account for a~y deviations from the existing Comprehensive Plan. These ordinances were passed and approved by the City Council of the City of Corpus Christi on December 17, 2002. /s/Armando Chapa City Secretary City of~C~orpus