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Home My WebLink About025278 ORD - 04/29/2003Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RICHARD HESSE BY CHANGING THE ZONING MAP IN REFERENCE FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS, SECTION 10, BEING 4.71 ACRES OUT OF LOT 9, FROM "R-lB" ONE- FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUISNESS 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 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, March 26, 2003, during a meeting of the Planning Commission, and on Tuesday, April 29, 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 Flour Bluff and Encinal Farm and Garden Tracts, being 4.71 acres of Lot 9, Section 10, located on the northwest corner of Yorktown Boulevard and Cimarron Boulevard, from "R-lB" One-family Dwelling District to "B-4" General Business District, as 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. \\CLSTRI_USERS2_SERVER\USERS2\LEG-DIR\JOSEPH~ZONING\O303-01REGULAR.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 ?. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) 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 29th day of April, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Nea, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED /~' ,~r, I ?_~ 2003 Joseph/~arney ~ Assistant City Attorney For City Attorney \\CLSTRI_USERS2_SERVER\USERS2\LEG-DIR\JOSEPH~ZONING\0303-01 REGULAR.DOC Page 3 of 3 ~,~.~d~ ~ r io~t ~2'20 0 3 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.'N~a"[, Jr. ' ~ ,~- Mayor, The City of Corpus Ch~'sti Council Members The above ordinance was Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott by the following vote: \\CLSTRI_USERS2_SERVER\USERS2\LEG-DIR\JOSEPH~ONING\0303-01REGULAR.DOC 4--23--203 8:2~AM FROM PLANNING B12 888 3B90 P. 1 STATE OF TEXAS § COUNTY OF NUECES § 4.71-ACRE TRACT FIELD NOTES to describe the boundar~ of a 4.71-acre tract out of a called 90.36-acre tract deeded to Adolph Benys as recorded in Volume 224, Page 435, Deed Records, Nueces County, Texas and being out of Lot 9, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43 of the Map Records, Nueces County. Texas, said 4.71-acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" steel rod set in the north right~of-way of Yorktown Blvd. (100' ROW) and the west right-of-way of Cimarron Blvd. (40' ROW) for the southeast corner of this tract from which the southeast comer of said Lot 9, being the centedine intersection of Yorktown Blvd. and Cimarron Blvd., beam S-28°-40'-37"-W. 40.00' and S-61°-16'-47"-E, 20.00'; THENCE, N-61°-16'-.47"-W, along the north right-of-way of Yorktown Blvd., a distance of 532.03' to a 5/8" steel rod found for the lower southeast corner of a called 22.04-acre tract deeded to Cloudcroft Land Ventures as recorded in Document #2001039485, Official Records, Nueces County, Texas and the southwest corner of this tract; THENCE, N-28°-40'-37"-E. a distance of 275.67' to a 5/8" steel r°d found for an interior corner of said Cloudcroft tract and the lower northwest corner of this tract; THENCE, S-61°-16'-47"-E, a distance of 321.50' to a 5/8" steel rod found for the middle southeast corner of said Cloudcroft tract and an interior corner of this tract; THENCE, N-28o-40'-37"-E, a distance of 277.31' to a 5/8" steel rod found for an interior corner of said Cloudcroff tract and the upper northwest corner of this tract; THENCE, 8-61o-16'-47"-E, a distance of 210.53' to a 5/8" steel rod found in the west right-of- way of Cimarron Blvd. for the upper southeast comer of said Cloudcroft tract and the northeast corner of this tract; THENCE, S-28o-40'-37"-W, along said right-of-way, a distance of 552.98' to the POINT OF BEGINNING and containing 4.71 acres of land, more or less. 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. ~~'" ~. OF ~ ~---"" Date ~-~,.::.~,, .~,;~O,~."~:L ,¢/ David L. Nesbi~, A.P.E.S, ~. ~02 COYM, REHMET & GUTIERREZ GUTIERREZ ENGINEERING, INC. C:'¢vly Documer~tS\FIELD NOTES\9447c 4,71 ac,do~ Job NO. 9447C Page 1 of 1 County of Nueces PUBLISHER'S AFFIDAVIT SS: CITY OF CORPUS CHRISTI Ad # 4528720 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. NOTICR ~1~ PA~.~Ar'.I~ c~' ,-'~' ...... CE(S): which the annexed is a true copy, was inserted in the on the World Wide Web on the $123.14 TWO (2) Time(s) Tracts, Section 10 the zoning map m reference to 2.720 acres out of Block 7 and 8 Shell Road Poultry Acres, from "R- Credit Ma lB" One-family Dwelling District to ay(s) of MAY, 2003. oc 4, 1" Neighborhood Subscribe, Business District on Tract 1, being 1.71 me on the date of MAY 06, 2 acresanda"R-1B"/SP One-family Dwelling District with a Special Permit for three (3) 5 duplexes on Tract 2 ~ ~ being 1.01 acres; ~.~ amendin9 the Comprehensive Plan Notary Put to account for any )unty, Texas RD deviations from the ROSA MA[ e ~ i s t i n g · Comprehensive plan. Print or T~ These ordinances tary Public I were passed and [ approved by the City My commi Counc of the City of co,'p~_ Christi o. Ap,~, n 04 / 23 / 05. 29, 2d03. ~ Is/Armando Ch~o~ , Ch'y Secmtmy I City o~ Co;'pus Chrls~_l