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Home My WebLink About025234 ORD - 03/11/2003Page I of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CARMEN FADER, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.590 ACRE OUT OF LOT 25, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-'I" NEIGHBORHOOD 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 Carmen Fader 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, January 29, 2003, during a meeting of the Planning Commission, and on Tuesday, March 11,2003, 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 0.590 acre out of Lot 25, Section 5, Flour Bluff and Encinal Farm Tracts, located west of South Staples Street and approximately 349 feet north of Lipes Boulevard, from "R-1B" One-family Dwelling District to "B-I" Neighborhood Business District. The 0.590 acre is described by metes and bounds on 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. ~:\LEG~D~R\D~y~eD~urtis\MYD~S12~3\P&~RD~3xz~ning~rd\D~YLE~12~3~1~3~5A~Fader~rd~App&PC~d~c 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 Counc# (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 11th day of March, 2003. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI(~-~ "~a~uel LNeal,~Jr. ' ~/ Mayor, The City of Corpus Christi VED/~ Ma~h 2003 ! .- Doyle I~C urt'~ Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H:\LEG~D~R\D~y~eD~urtis\MYD~C~3\P&Z~RD~3~ning~rd\D~YLE~2~3~z~1~3~5A~CFader~rdApp&PC~d~c 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, Mayor, The City of Corpus Christi Council Members The above ordinance was pas., Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola the following vote: Mark Scott E~ ~:\LEG~D~R\D~y~eDCurtis\MYD~Cs~2~3\P&Z~RD~3~ning.~rd\D~YLEc~2~3~Z~1~3~5A.CFader.~rd.App&PC.d~c STATE OF TEXAS COUNTY OF NUECES January 8, 2003 BEING A 0.590 ACRE TRACT OF LAND OUT OF LOT 25, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41 THRU 43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Bearings are based on the bearings of Lipes Blvd. As recorded in the plat of Stonehenge Subdivision Unit 1, a map of which is recorded in Volume 54, Page 140, of the Map Records of Nueces County, Texas. Beginning at a 5/8 inch iron rod found on the west right-of-way line of a 100.00 foot wide road known as Staples Street, for the northeast comer of Lot 2, Block 1, Sterling Comers, a map of which is recorded in Volume 59, Page 180, of the Map Records of Nueces County, Texas, and the southeast comer of this tract from which comer the common section comer of Section 5, Section 6, Section 10 and Section 11, of said Flour Bluff and Encinal Farm and Garden Tracts, bears South 28°56'00" West, a distance of 349.20 feet, thence South 61 °02'50" East, a distance of 50.00 feet; Thence, North 61004'00'' West, with the north boundary line of said Lot 2, Block 1, Sterling Comers, a distance of 214.05 feet to a 5/8 inch iron rod found for the northwest comer of said Lot 2 and the southwest comer of this tract; Thence, North 28056'00'' East, a distance of 120.00 feet to a 5/8 inch iron rod set with a cap stamped "Pyle & Associates, Inc." for the northwest comer of this tract; Thence, South 61004'00'' East, a distance of 214.05 feet to a 5/8 inch iron rod set with a cap stamped "Pyle & Associates, Inc." on the west right-of-way line of aforementioned Staples Street, for the northeast comer of this tract, from which comer a 5/8 inch iron rod found for the southeast comer of Lot 1, Block 1, Wilde Subdivision, a map of which is recorded in Volume 58, Page 195, of aforementioned Map Records, bears North 28056'00" East, a distance of 930.75 feet; Thence, South 28056'00'' West, with the said west right-of-way line of Staples Street, a distance of 120.00 feet to the Point of Beginning and containing 0.590 acres (25,686.00 square feet) of land. Pyle and Associates, Inc. j~e j~.p.L~.~No.- 48~x~D vo~. ~. ~ ~. ~.Nc: S 60'58'~0" E 214o05' '30" E 732.78' 5/8" IRON ROD PR~IOUSL Y F~ FD 5/8" IRON ROD LOT 24, SECNON ~ LOT 2~ SECNON ~ ! ~ 50.00'-- S 61'04'00" E 214.05' /- s~ 5/8" ~RON RO0 S~ 5~~ IRON 0.500 ACRES (25,~8~00 SO. ~) ~-FD 5/B"IRON ROD N 61'04'00" W 214.05' POINT OF BEGINNING _~-~. LIPES BI VD. LOT 2, BLOCK ! ~ , 5o. oo ~ SECTION 5 ~ ~TE£LINO CORN~-RS '~ ~ F~ ~ ~F ~ SECTION ~ ~ voL. 5~ P~ ~80 ~ ~ ~ VOL.~ ~ 0.~ VOL. 2~00' S ~'o25o" ~ ~ 50.00' SECT/ON ~ VOL. A, PG~ 4~-43 MAP TD ACCDNPANY ~,~ ~ ~ssoo~s, ~c.1 FIELDNOTE£ FOR PROFES$1ONA£ ~WO SUB.ORS A ~590 ACRE TRACT DF LAN~ DUT DF LDT ~ ~2~ s~ s~. su~ s~o-~ SECTZDN ~ FLOUR ~LUFF & ENCINAL FARM & GARDEN TRACT~ ~ c~. ~ ~, A NAP DF WHICH ZS R~C~R~ IN VOL, A, PGS 41 - 4~ ~ ~ (~) ~-~ ~ ~AP R~CDR~S DF NU~C~S CDUNT~ T~XAS SECTION ~0 Z~ ~. T. VOL. A, POS 4! -43, SO~.LE! !' = 60' DA T~: 1-08-03