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Home My WebLink About025689 ORD - 03/30/2004Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MAURICE C. HUNSAKER AND WALTER DAY BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, BEING 19.98 ACRES OUT LOT 12, SECTION 26 FROM "F-R" FARM-RURAL 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 Maurice C. Hunsaker and Walter Day 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, February 25, 2004, during a meeting of the Planning Commission, and on Tuesday, Mamh 30, 2004, 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 19.98 acres out of Lot 12, Section 26, located along County Road 26-A to the north and 2,000 feet east of Rodd Field Road, from "F-R" Farm-Rural District to "R-lC" One-family Dwelling District, as shown on the attached Exhibit. (Map G16D) 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 I 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. H:\LEG-DIR\JOSEPH~ONING-04\0204-06REGULAR.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 30th day of March, 2004. ATTEST/~ Armando Chapa City Secretary APPROVED -~'~.,.i',~ Joseph H'arney Assistant City Attorney For City Attorney 2O04 ~!S CHRI~/~ Samuel L. Ne~,Jr. ~ ~/ Mayor, The City of Corpus Christi H:\LEG-DIR\JOSEPH~ZONI NG-04\0204-06REGU LAR. DOC Page 3 of 3 Corpus Christi, Texas of ,2004 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~al, Jr. '"' Mayor, The City of Corpus~risti 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~ONIN G-04~O204-06REG U LAR.DOC MAR-24-2004 11:44 FROM: CITY OF CORPUS CHRIS 361826Z56~ TO:g8803239 P.2/2 LEGAL DESCRIFFION 20.02 ACRE TRACT OF LAND NUECES COUNTY, TEXAS BEING a tract or parcel of land simaled in the City of Corpus Ctuisti, Nuacus County, T~a~s, and bv4.ng all of a 9.00 acr~ tract of la~d desctib~i by Warranty Dc~d ~corded in Volume 2124, Psge 123, Deed Records of Nueces County, Texas, alt of a 10.0 acre tract of land c~sc~r~hed by Warranty Deed recorded in VoI,on~ 1918. Page 463 ofth~ Deed Records of Nuece.~ Courtly. Texa.s and all of a 1.0 acr~ lxa~ of la~l described by Warranty Deed recorded in V01*!me 1508, Page 1021 of the Deed Records of Nueces County, Texas and being all of Lot 12, Section 26, of the Flour Bluff & Encinal Fib-t,-. & G-ard~a Tracts, az shown on map recorded in Volume A, Pages 41-43, Map Records of Nu~es County, Texas, and being more lranicularl¥ described as follows; BEGINNING at a carton spindle set for the southwes~ comer of raid Lot 12, and being in the center of the rigin-of-way of Brooke Road also known az County Road 26-A, (40 foot right-of-way) sam~ point being the southwest comer of said 1.0 acre Ixact, same point being the northwest comer of a Irac: of land described in deed recorded in Volume 1944, Page 351, Deed Records of Nueces County, Texas; THENCE North 28°57'54" East, d~-partmg said center of the 40 foot fight-of-way of Brooke Road, alc~g the weal line of said Lot 12, same beln_.~ lh~ ~[ linc of a 10.00 acr~ tra~t of land described in d~l record~xi in Document No. 2003041464, Official Records of Nu~ces County, Texas, a di~tm~ce of 30.00 feet pazsin~ a 518" 'ko~ rod with a red plastic cap stamped "'N~ismlth Eng. C.C., Tx." set for line msrker (het~4an~ter called $/8" iron rod set) and continuing for a total dlstan~e of 1320.00 feet to a 5/8" iron rod found for thc northwest comer of said 9.0 acre tract, sam~ point being the northwest comer of Lot 12, same point also bel. E in the south line of South Fork Subdivision Unit 2, an addition to the City of Corpus Christi as shown on map ~ in Volume 49, Pages 92-93, Ivlap Rccord,~ of Nu¢c;es County, Texas, THENCE South 60°57'30" East, along the north line of said Lot 12, same being the north line of said South Fork Subdivisinn Unit 2, a distance of 660.96 feet to a 5/8" iron rod set for tho northeast comer of Lotl2, same point being the southwest comer of a 0.122 ay-re Iract of land described in deed ~orded in Document No. 1996026194, Official Records ofNueces Cou~y, Texas; TIlRNCE South 29000'24" We~t, along the east line of said Lot 12, same being the west line ora u~¢t of land descn'b~l in Document Ho. 1998053979, Official Record~ of Nueces County, Texas, a disiancc of 1290.00 fc~ passing a 5/8~' iron rod set for line m~,~er, and continuing for a toud disgrace of 1320.00 f~t tO a cation spindle set for the so~ corner of said Lot 12, and ~ in tbs ceotex of the rlght-of-w~y of]~rooke Road, ssme beiog the northwest comer of a 11.212 ac~ tract deserihed in Volume 1854, Page 648, Deed P.~cords of Nyc'es County, Texas; THEN~ North 60°57'29'' West, along the center of the 40 foot right-of-way of Brooke Road, ~me b~ing the south line of Lot 12, same being the north line of said h-act of land d~scribed in Vohmle 1944, Page 351, and pazsing at a distance of 330.00 feet, a cotton spindle set for the soutbwest comer of a 10.01 acre tract described in Volume 1918, Page 463, Deed Records of Nueces Coumy, Texas and continuing for a total distanc.~ of 660.00 feet ia the POINT OF BEGINNi~IG and colltsining 871,834.00 square feet or 20.02 acres of land. more or less. Note: Bearings are based on the ceuterline of Brooke Road also known as County Ro~d 26-A, (40 foot right-of-way), s2~own as Norfla 60057'29" Wc.nt MAE' ~ ~0~44 UT:39 FROH;CITy OF ~-ORF'IJS CHRIS 361~6556U TL1:98803~39 12 ll 10 9 8 7 1 2 3 4 5 6 I 12 11 101 9 8 7 I 2 3 4 5 6 12 I1 10 9 8 7 I 2 3 4 5 6 ~u=th Fork 5 ~ C3 ~0~ - 0 (.0 NAISMITH ENGINEERING, INC. ENGINEERING- ENVIRONMElqTA.L* SURVEYING ~Godzilla\ENG.E\DMU\CORP\MARK\Misc~Hunsaker~,Drawings\20040206 South Fork 5 Zoning ~xhibit. dwg, 02/06/2004 11:47:34 AM, 1:200 State I~ Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4835783 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, Refuglo, 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 l~teractive on the 15TH day{s) of MARCH, 2004. $232.25 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of MARCH 16, 2004 Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. /¢..,orpus Chd~J Cal~er-T~'~, Mo~qll~v, M~rch 15, 2004 NOTICE OF PUBLIC HEARING TO CONSID~R ZONING A~L~A13ON(S) OF THE CITY OF CORPUS ~RIS~ s.m, ln ~ ~ ~ 2,~ I~ ~ ~ 'F~ F~ ServlCe~, Planning /u~ State oriexas County of Nueces SSi PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4855171 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, Dural, 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 ORDINANCES 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 5TH day(s) of APRIL, 2004. $210.25 TWO (2) Time(s} Credit Manager Subscribed and sworn to me on the date of APRIL 06, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. 'C, oq3ua Ch~ Caller-T~. Moray. Aprl~ 5, 2004 R lc h e r ~ad~13~e ~n ae ~n a b~ by Tracy ~:ubdlvlBion, lB" One-lamHy Farm and Garden Corpua ChrilU on