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HomeMy WebLinkAbout025431 ORD - 08/19/2003Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY D & J LAND COMPANY, INC. CHANGING THE ZONING MAP IN REFERENCE TO H. L. I~INNEY LANDS, DON PATRICIO SUBDIVISION, BEING 33.645 ACRES FAMILY DWELLING DIS DISTRICT ON TRACT' TRACT 2 AND "T-l( DISTRICT ON TRACT3; ACCOUNT FOR AN COMPREHENSIVE PL~ DECLARING AN EMER( OUT OF PARCEL 1, FROM "R-lB" ONE- TRICT TO"B-I"NEIGHBORHOOD BUSINESS , "B~" GENERAL BUSINESS DISTRICT ON :" MANUFACTURED HOME SUBDIVISION AMENDING THE COMPREHENSIVE PLAN TO ~ DEVIATIONS FROM THE EXISTING ~N; PROVIDING FOR PUBLICATION; AND ~ENCY. WHEREAS, the Planning ComMission has forwarded to the City Council its reports and recommendations concerning the application of D & J Land Company, 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, May 21,2003, during a meeting of the Planning Commission, and on Tuesday, August 19, 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 cor~venience 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 33.645 acres out of Parcel 1, H. L. Kinney Lands, located south of I. H. 37 and west of Lantana Street, from "R-1B" One-family Dwelling District to "B-I" Neighborhood BlUsiness District on Tract 1, "B-4" General Business District on Tract 2 and "T-lC" Manufactured Home Subdivision on Tract 3, as shown on the attached Exhibit A. (Map K13D) 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 O~dinance 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. H:\LEG-DIR~JOSEPH~ONING\0703-02REG.DOC Page 2 of 3 SECTION 4. That to the extentlthat 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. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication st~all be made in the official publication of the City of Corpus Christi as required by th~ City Charter of the City of Corpus Christi. SECTION 7. That upon written ~-equest of the Mayor or five Council members, copy attached, the City Council (1) f~nds 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 19t~ day of August, 2003. ATTEST~~ Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Samuel L. ~eal, Jr. ~ ~' ' Mayor, The City of Corpus Christi APPROVED Joseph H/r~ney Assistant City Attorney For City Attorney 2003 H:\LEG-DIR~JOSEPH~ONING\0703-02REG.DOC Page 3 of 3 C~/~ Christi, lexas i'1,' day of tJ,~Lg~,~, 2003 TO THE MEMBERS OF THE CIFI-Y COUNCIL Corpus Christi, Texas For the reasons set forth in the ~mergency clause of the foregoing ordinance, an emergency exists requiring SUSl~ension of the Charter rule as to consideration and voting upon ordinances at two r~gular meetings. I/we, therefore, request that you suspend said Charter rule and I~ass this ordinance finally on the date it is introduced, or at the present meeting of the Citiy Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR\JOSEPH~ONING\0703-02REG.DOC 8-0B 203 1/:27AH (361 )854-3101 BRQM PLANNING 512 $88 3590 ENGINEERING J PO, BOX 4355 ., CORPUS CHRISTI, TEXAs 7P~466-6555 .lOB NO. 39002.00,00 JUNE 13, 2003 FAX (361 )854-6001 RE-ZONING STATE OF TEXAS COUNTY OF NUECES FIELDNOTES tut thc Kg.ZONING ora i.902 act: (82,857.80 square fi>o't) tract of land (not b~cd on an on- thc-ground survey) out of a 34.3 acre ttzlc[ of'larffl out of Parcel 1. H.L Kinney I.and~, described i~ Warranty Deed recorded in D~ument No. 2003008290~ Official Public Records of Real Property of Nueces County, t~xas: nnd out of Lois 10 cad I I. Bloe~ 3, L.antana Subdivision. a map otwhic~ ~ recorded in VoJu~e 12, P~ 52. Map Records of Nueces County, 'l'~xas; said tr~cI of land being mote fully described by m~les ~nd bounds ~ lbilows: BEGiNNING on th,: west botlndao' of Lantaoa Street, a 60 foot wide public roadxvay, fi3e Iht commoi'~ east corner ot'Lol~ 9 ~md 10. Block 3, said Llmtana Subdivision, for a corner of this tract; THENCE. West. along the common boundary of said Lots 9 and 10, Block 3, a distance of 12~.04 feet to the THENCE. South, along the west boundary of said Lantana Stlbdlvisior,, a distance of 1%04 feel R~r a corner of this b'act: THENCE. North g9'59'O0" West, a distance of 160.00 fcct for a comer of this tract: THENCE. South. a distance of 9.13 Ibet li~r a corner of this tract; THENCE. North 8'1'59'00" WeSL a distlmce of 324.41 t~ct for a corner of fids tracb THENCE. North, a distance of 144.13 l~et for the northu, cst romar of this tract; THENCE. So.th 89'59'00" East, a diatance ot'609.44 fret tO thc west boundary of the above mentkmed Lantana Street. Iht th~ southwe...t corner of Lot 16. Block 3. [.antlm~ Indu~trm~ ~-~-ea. a map of which is recorded itl Volume 40, Page 8, Map R~uords o[' Nu¢ces County. Te×as, f~r the m~rtheast comer o~said Lot 11. Brock 3 and of this tract; THENCE, gm, th. along thc ~¢.~t boundary of said Lantana Street. same being the cast boundary of said Lamana Subdivision, a distance. Of 115.92 feet m the POIN'I OF BEGIN"NING ~md containing t.902 acres (g2.857,80 square feet) of land. Bearings ba:cxl on the recorded plat of Lantana Subclivisioa, a map of ~.hich is recorded in Volume 12, Page 52. Map Records of Nuecus County, texas. Unless tiffs Field Notes Description, it,eluding preamble, seal and signature, appears in its original lbrm, 2725 SWANTNER DR. * CORP~S¥1, TEXAS 78404 ~ ~ ~ mailSurbaneng.com 8-06-2~3 11:2aAH (361)854-3101 FROM PLANNING 5~2 888 3598 P O. BOX t5355 · CORPUS CHRISTt, TEXAS 78466-6355 p. 4 JOB NO. 39002.00.00 JUNE t3, 2003 FAX (361 )854-6001 RE-ZONING STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for the RE,ZONING of a 21,874 acre fmc! of land (not based on an on-the-ground survey) out of a 34,3 acre tract of I:Ind out of Parcel 1, H.L. Kinney Lands, described in Warranty Deed recorded in Document No, 2003005290. Official Public Records of Real Property of Nueces County, Texas; said tract of land being more fhlly described by metes and bounds as follows: BEGINNING on the sou'& boundary of Interstate Highway 3'7, a public roadway, for the northwest corner of Lot t6, Block ;I. L:mtana Industrial Area, a n'tap of which is recorded in Volume 40 Page 8, Map Records of Nueccs County, Texas, same being the noaheast comer of this tract: THENCE, South, along the west boundary Gl'said Lot 16 Block 3. a distance of 307.53 feet to the southwest corrter of said Lot 16, Block 3, tbr a comer Gl'this tract; THENCE, North 89"59'00" West, a distance of 134,90 feet fur a comer of this tract; THENCE, South, a distance of .,4. { j reel for a corner oI this tract; THENCE, North 89'59'00" West, a distance of 1.28000 feet tbr a comer of this tract; THENCE, South, a distance of 51.00 feet to the common northeast comer of Lots 12 and 13, Horizon Estates, a map of which is recorded in Vo}umc 42, Page 94, Map Records of N ueces County. Tcxas, [';or a cot'ncr o[''this tract; TI IENCE, North ~.9"59'00" West aiong ti~e north boundary of sa d Horizon E~tates, a distance of 739.16 feet to the es:it boundary of Benys Road, a 50 foot wide public roadway, for the northwest corner of Lot 22, said Horizon Estates and a corner et this lrac:; THENCE. Not~h, along die east oounda~y of said Benys Road, a distance of 86,73 feet to the northeast intersection oFsaid Beny~ Road and §l¢ylir~e Drive. a 50 foot wkle public roadway, for a corner of this tract; THENCE, West, along thc north 0nundany of said Skyline Drive, a distance of 25.00 feet to southeast comer of Lot l-A, Mobil Estates., a map of which is recorded in Volume 37, Page 150, Map Records of Nueces County, Texas, {'or a corner of this tract; THENCE. North. along the east boundary Gl'said Lot 1-A, a distance ot'457.29 feet tO tile south boundary of the above rten oned Interstate Highway 37. for the northeast comer of said Lot I-A, and the northwest comer of this tract; 2725 SWANTNER DR ~ CORPUS CHRISTI, TEXAS 78404 r'noilO~urboneng c,x>m 8-86-283 ll:29AM FROM PLANNZNG B12 880 3B9~ THENCE, South 86"15'55" East, along the south boundary of said Interstate Highway 37, a distance of 1,362.00 feet to a point; THENCE, South 86°41'15" East, continuing along the south boundary of said Interstate Highway 37, a distance of 286,70 feet to point; THENCE, South 86°22'39'' East, continuing along the south boundary of said Interstate Highway 37, a distance of 363.26 I;:ct to a poiat; THENCE, South 82°06'09" East, continuing along the south boundary of said Interstate Highway 37, a distance of 172.84 feet to the POINT OF BEGINNING and containing 21.874 acres of land. Bearings based on the recorded plat of l-torizon Estates, a map of which is recorded in Volume 42, Page 94, Map Records ofNueces Co~nty, Texas. Unless this Field Notes Desleription, including preamble, seal and signature, appears in its original form, surveyor assumes no responsihilty or liability for its accuracy. URBAN ENGINEERING DAN L. URBAN, R.P.L.S. License No. 4710 8-O6 203 11:3~AM FROM PLANN;NG D12 SSD 3590 P. 7 (361)854-3101 URBAN EN(SINEERIN(5 PO BOX 6355 · CORPUS CHRISTI, TEXAS 784.66-6355 JOB NO. 39002.00.00 :IUNE 13, 2003 FAX (361)85,4-6001 RE-ZONING STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for the RE-ZONING of a 9.869 acre tract of land (not based on an on-the- ground survey) out of a 34.3 acm tract of land out of Parcel 1, H.L. Kinney Lands, described in Warranty Deed recorded ia Document No 2003008290. Official Public Records of Real Property of N ueces County, Texas; said tract of land being more tully described by metes and bounds as follows: BEGINNING at the northeast corner of t-ut 3, Block I, Ebony Acres Annex. a map of which is recorded in Volume 36, Page 107, Map Records cf Nueces County, Texas, same being on the west boundary of Lot 6. Block 3, Lantana Subdivisiom a map of which is recorded in Volume 12, Page 52, Map Records of Nueces County, Texas, for the southeast comer of this tract; THENCE, North $9°59'00'' West, along the north boundary of said Lot 3, Block t, a distance of' 1,689.68 feet to Ihe northwest corner of said Lot 3, Block 1, and a corner of this tract; THENCE, South, along the west boundary ut'said Lot 3, Block 1, a distance of 71.00 t~et for a comer of this tract: THENCE, Nc~rth 89°59'00'' West, a distance of 74.73 feet to the common southeast corner of Lots I 0 and l I, Morizon E~tates, a map of which is recorded in Volume 42, Page 94, Map P-.ecords of Mucces County, '['ex[,,~, for a corner of this tract; THENCE, Norlh, along the east boundary of said t-i~rizon Estates, a distance of 341.00 feet for the northwest corner of this tract; THENCE, South 89'59'00" East. a distance of 1,281).00 feet for a comer of this tract; THENCE, South, a distance of I I0.00 feet for a corner of this tract; THENCE, South 89°$9'00" East, a distanc~ of 324.4 t feet for a corner of this tract; THENCE, North, a distance of 9.13 feet l'or a comer of this tract; 2725 SWA. NTNER DR. - CORPUS CHr?tSTI, TEXAS 78404 8-~6-203 11:31AM P. 8 FROM PLANNING B12 88D 3598 THENCE, South 89°59'00', East, a distance of 160.00 feet to the west boundary of Lot 9, Block 3, said Lantana Subdivision, for the northeast comer of this tract; THENCE, South, along tt}e west boundary of said Lantana Subdivision, a distance of 169.13 feet to the POINT OF BE(])INNING and containing 9.869 acres of land. Bearings based on the recorded plat of Lot 3 Block l, Ebony Acres Annex, a map of which is recorded in Volume 36 Page 107 Map Records of Nueees County Texas. Unless this Field Notes Description, including premnble, seal and signature, appears in its original form, surveyor assumes no responsibilty or liability for its accuracy~ LIp. BAN ENGINEERING DAN L. URBAN, R.P.LS. License No. 4710 SOUTH 110.00' ~ j j State of Texas County of Nueces SS: PUBLISHER'S AFFIDAVIT 03, CITY OF CORPUS CHRISTI Ad # 4648051 PO # Before me, the undersigned, Hinojosa, who being first dul' Manager of the Corpus Cbt Corpus Christi in said City Brooks, Duval, dim Hogg, Nueces, Refugio, San Patti, publication of, NOTICE OF is a true copy, was inserted a Notary Public, this day personally came Diana sworn, according to law, says that she is Credit ;ti Caller-Times, a daily newspaper published at and State, generally circulated in Aransas, Bee, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, 50, Victoria and Webb Counties, and that the 'ASSAGE OF ORDINANCE NO. which the annexed i~ the Corpus Christi Caller-Times and on the World / Wide Web on the Caller-Time $105.01 TWO (2) Time(s) Interactive on the 25TH day(s) of AUGUST, 2003. Credit Manager Subscribed and sworn to me on the date of AUGUST 26, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ~ ~st.~.Caller-Tima~, ~ Ordinance application by D changing the map in reference to H,L. Kinney Lands, Don Patricio 3.645 acres ~arcel 1 from "R-lB" ne-family Dwelling District to Neighborhood Bustne~s D,,~_. o(1 Businans Distflct Tract 2 and 'T-lC Manufactured Home Su~ District Tract 3; amending the comprehensive ptan to account for any deviations from the existing comprehensive plan. This ordinance was and Chds~ on August 19, 20Q3. ~/Armando Chlpl City Secr~afy Criy of Co~s Ch~ State of Texas } County of Nueces } PUBLISHER'S AFFIDAVIT SS~ CITY OF CORPUS CHRISTI Ad # 46266O6 PO # Before me, the undersigned, Hinoiosa, who being first duly sworn, according to law, says that she is a Notary Public, this day personally came Diana Credit Manager of the Corpus Chr Corpus Christi in said City Brooks, Duval, Jim Hogg, Nueces, Refugio, San Patri 7sti Caller-Times, a daily newspaper published at and State, generally circulated in Aransas, Bee, ,Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, ~-io, Victoria and Webb Counties, and that the publication of, NOTICE OF ~UBLIC HEARING TO which the annexed is a true copy, was inserted in the C9rpus Christi Caller-Times and on the World Wide Web on the Caller-Times Inte'active on the 4TH day(s) of AUGUST, 2003. $319.98 TWO (2 } Time(s} Credit Manager Subscribed and sworn to me on the date of AUGUST 05, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. D10/Co 2003 OF HEARING TO CONSIDER ZONING !THE CITY accordance with the law that the City Council of the City of Corpus Christi will conduct a public heetin on Tuesday, g August 19, 2003, during a regular Counci~ meeting which commences at 2:00 p.m. in the C Chal~bers, t~/ity Hall, 1201 Leopard, to consider the following zoning application(s) of which said applications are on file in the Office of the City Secreta~/ and the Department of Planning. At said time and place of hearing, Lr~arested may appear before the City Council. The zoning ap[31icetion(s to be consdered at he hearin are es fo#ow~: 1. 06g03-02, Mike Yarhrou h: "R-lB" District to "B-I' Neighborhood Business District- Located on tbs welt and 600 feet south of Holly Road. (Re- s~heduled from 7/15/ 03 due to Hurricane Claudette) 2. 0603-04, Paul $. Vets: "R-lB" One-Family Dwellin District and "B-1~ Neighborhood District with s ~.J~ec~ iai Pen~lt Business District - Located at the [3~, ~ King, Lt(L *~-1' 1~4eighberhoo~ D~lrtct to "B-4" ea~d "B.4" ~iener~ g" Light Inl~mtriel of Knicke~k~ east of walclmn t~ Dahlia ~ a I~d and with Special E~'ents Located on the west aide of Ocean Drive, approximately 200 feel south of Hewit Dflve. 6. 0703-01, Bryan Tucker: "R-2" Multiple Dwe#ing District to "R- IC" One-family D~elling District I,ocated north of Tract 1, 'B-4" General De~mcem as 240e