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HomeMy WebLinkAbout025735 ORD - 04/27/2004Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GEORGE THAMARAVELIL BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS, BEING 27.72 ACRES OUT OF SECTION 21, LOTS 15 AND 16 FROM "F-R" FARM-RURAL DISTRICT AND "B-3" BUSINESS DISTRICT TO 'R-lB' ONE-FAMILY DWELLING DISTRICT - TRACT 1 AND "B-3" BUSINESS DISTRICT- TRACT 2; 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 George Thamaravelil 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 24, 2004, during a meeting of the Planning Commission, and on Tuesday, April 27, 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 27.72 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 21, Lots 15 and 16, located on the northeast corner of Yorktown and Cimarron Boulevards, from "F-R" Farm-Rural District and "B-3" Business District to "R-1 B" One-family Dwelling District- Tract 1 and "B-3' Business District- Tract 2, as shown on the attached Exhibit. (Map G16C) 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. H:\LEG-DIR~JOS EPH~ZONIN G-04\0304-08 REG U LAR DOC C ., 735 P~ge 2 of 3 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. 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 C~ 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 27th day of April, 2004. City Secretary THE CITY OF CORPUS CHRISTI Mayor, The City of Corpus Christi APPROVED Joseph I-~arney Assistant City Attorney For City Attorney 2004 H:\LEG-DIR',JO S E PH~ZONING-04\0304-08 R EG U LAR DOC Page 3 of 3 Corpus Christi, Texas ~'~'~day of Y~)r~ I, 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. RespecCully, Respectfully, Mayor, The City of Corpus Christi 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~ZONING-04\0304-08REG U LAR.DOC 0257J5 APR-16-20B4 1~:51 FROM:CITY OF CORPUS CHRIS 561826~560 TO:B880G239 P.4/10 EXHIBIT A Application for Change of Zoning State of Texas Tract County of Nueces Fieldnotes for a 25.3 acre tract of land, more or less, being a portion of Lots 15 and 16, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 4143, Map Records of Nueces County, Texas: BEGINNING at a point on the east right-of-way line of Cimarron Boulevard, for the northwest comer of this tract, from which comer the common comer of Lots 8 and 9, Section 10, and Lots I and 16, Section 21, bears North 61° 00' 00" West 20.00 feet; Thence, along the common line of Lots 1, 2, 7, and 8, Section 21, and the north tine of this tract, South 61° 00' 00" East 969.76 feet to a point for the northeast comer of this tract; Thence, South 28° 52' 41" West 1264.80 feet to a point in the north fight-of-way line of Yorktown Boulevard, the dedication of said fight-of-way as recorded in Volume 273, Page 177, Deed Records of Nueces County, Texas, 60.00 feet from and measured perpendicular to the common lot line of Lots 15 and 18, Section 21, and the centerline of Yorktown Boulevard, for the southeast comer of this tract; Thence along said north fight-of-way line North 61° 01' 16" West 290.00 feet to a point in said north fight-of-way line, for a comer; Thence North 28° 58' 44" East 170.00 feet for an interior comer of this tract; Thence North 61° 01' 16" West 679.76 feet to a point in said east right-of-way line, 20.00 feet from and measured perpendicular to the common lot line of said Lot 9, Section 10, and said Lot 16, Section 21, and the centerline of said Cimarron Boulevard, for a comer; Thence along said east fight-of-way line North 28° 52' 41" East 1,094.91 feet to the Point of Beginning. P.5~lO ~0o~ ~IT A for Cha~g¢ of Zo~ng Tract 2 F-R to 3B-3 Stsc of Texas County of Nu~s Fieldnotes for two tracts of land, a total of 1.13 acres, more or less, being porgons of Lots 15 and 16, Section 21, Flour Bluff and Enciaal Farm and Garden Tracts, a map of which is r~corcl~d in Volume A, Pagrs 41-43, Map Reconts of Nuec~s County, Texas: Pan 1 BEGIiXlNING at a point on the east r/~ht-of-way line of Cimarron Boulevard, for the northwest comer of this tracL from which comer the common corner of Lots 8 and 9, Section 10, and Lots 1 and 16, Section 21, bears North 28° 52' 41" East 1,037.30 feet and No~h 610 00' 00" West 20.00 feet; Thence South 61° 00' 0 East 309.76 feei to a point for the northeast comer of this tract; Thence South 28° 52' 41" West 170.00 feet to a point in the north fight-of-way line of Yorktown Boulevard, as recorded in Volume 273, Page 177, Deed R~cords of Nucces County, Texas, 60.00 feet from and measur-~i perpendicular to the coramon lot line of Lots 15 and It/, Section 21, and the centerline of Yorktown Boulevard, for the southeast corner of tl-ds b-act; Thence along said north right-of-way line North 61° 01' 16" West 109.76 feet to a point in said north right-of*way line, for a comer, Thcnce along said north right-of-way linc Noah 34° 28' M" West 223.76 feet tO a point m said east right-of-way line, 20.00 foot f'mm and mcazured perpendicular to the common lot line of said Lot 9, Section 10, and raid Lot 16, Section 21, and the centetlinc of said Cimarron Boulevard, for a corne~, Thence along said east right-of-way linc NoFth 28° 52' 41" ]qast 70.25 feet to thc Point of Beginning, and containing 0.98 acres, more or less_ APR-16-2004 12:S3 FROM:CITY OF CORPUS CHRIS 5618263560 T0:98805259 03/0~/04 1~:28 FAX 361 814 4~1 NAISMITI~ ENGINEERING P.6/10 ~002 Pa.~ 2 BI~GINNING at a point on the north right-of-way lille of Yorktown Boulevard, for the southwest comer of this tract, from which comer the southwest comer of Lot 15, Section 21, bears 8outh 28° 58' 44" West 60.00 feet; Thence North 28~ 32' 41" East 170.00 feet to a point on the common linc of Lots 15 and 16, said Section 21, for the northwc-st comer of this tract; Thence South 61° 01' 16" E~t 40.00 feet to a point for the northeast comer of this Thonce South 28° 52' 41" West 170.00 feet to a point in said north right-of-way line, for the southw~t comer of this tract; Thence along said north right-of-way line Norm 61° or 16" West 40.00 feet to the Point of Beginning, and containing 0.16 acres, more or le~s. ~oo~ P. XHiBIT A Applicat/on for Change of Zoning Tract 2 B-3 Continued State of Texas County of Nuoces Fielcinotes for a 1.29 acm tract of land, more or less, being a portion of Lot 16, Section 21, Flour Bluff and Encinai Far~ and Garden Tram, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas: BEOli'q2qllqG at a point on thc north fight-of-way line of Yorktown Boulevard, for the southeast comer of this tract, from which comer the southeast comer of Lot 16, Section 21, bears South 28° $8' 44" West 60.00 feet; Thence along said north fight-of-way line North 61° 01' 16" W~st 330_00 feet to a point in said north risht-of-way line, for the southwes~ comer of this tract; Thence North 2g° 52' 41" East 170.00 feet to a point for the ncn'thwest comer of this tract; Thence South 61° 01' 16" East 330.00 feet to a point on the common line of Lots 15 and 16, said Section 21, for the northeast comer of this mint; ·hence along said common line South 28° 52' 41" West 170.00 feet to the Point of Beginning. State oI lexas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4861316 PO # Before me, the undersigned, a Notary Public, this day personally came Diana H~noiosa, 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 Hog~, Jim Wells, Kames, 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 Calle~Times and on the World Wide Web on the Caller-Times Interactive on the 12TH day(s) of APRIL, 2004. $246.00 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of APRIL 13, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. I/CorlxJ8 Christi CaJier-Tirni4, I~, April 12, 2004 NOTICE HEARING TO CON~IDF_.R ZONING THE CITY OF Iiw [hll the City Co~bua Chdltl will conduot a pubic /rn~ The zo nlng~l County . Commynlt~l~ General Buelnelll~ DIiIH~I. a~nd 'A-l'i 0 8, Q · o. r9{ Th,mamvelll:F-R · alt;~.~L.a~lmduev al°Pin~l~ / County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4881564 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 ORDINANCES which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Calle~Tirnes Interactive on the 3RD day(s) of MAY, 2004. $221.25 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of MAY 04, 2004. Notary Public, Nueccs County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. 'Corpus Christi Calier-Tkne~,, Monday, May 3, 2004