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Home My WebLink About025751 ORD - 05/11/2004Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ATA-O-AZALI, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 25.29 ACRES OUT OF LOTS 17, 18, 19, 25 AND 26, SECTION 22, FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS, FROM "F-R" FARM-RURAL DISTRICT, "A-2" APARTMENT HOUSE DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "R-lC" ONE-FAMILY DWELLING DISTRICT ON TRACTS 1 AND 2, AND "B-I" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 3; 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 Ata-O-Azali, 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, April 7, 2004, during a meeting of the Planning Commission, and on Tuesday, May 11, 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; 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 25.29 acres out of Lots 17, 18, 19, 25 and 26, Section 22, Flour Bluff and Encinal Farm and Garden Tracts, located along the east side of Cimarron Boulevard, north of the Oso Creek, from "F-R" Farm-Rural District, '%-2" Apartment House District and "B-4" General Business District to "R-lC" One- family Dwelling District on Tracts 1 and 2, and "B-1" Neighborhood Business District on Tract 3. (Map F15B & F16A). Metes and bounds descriptions attached as 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. H:\LEG-DIR~OSEPH~_ONING~)4~.04040~A DOC Page 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 wdtten 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 11~h day of May, 2004. City Secretary ~!~2stiTHE Ji:ITY OF !ORPUS CHRISTI APPROVED /~,~ ~ 2004 By: Josepl~/~arney ~ Assistant City Attorney For City Attorney H :~_EG-DIR~JOS E PI-I~_O NIN GA~I~ZO4040,4A. DOC Page 3 of 3 Corpus Christi, Texas I~" day of ~L, ~ ,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 Nea], Jr. 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 :U_EG-DIR~J OS E P H~ZO NINGo04~_O40404A. DOC MAY-5-200~ 12:Q2 FROM:CITY OF CORPUS C~IS 361826~560 TO:90BO~2~9 P.8/ll BAS~, ,B~ WE:LSH ENGIN££RING March g, 2004 03053M&B Tract 1 A-1 Zoning to R-lC Zoning Slate of Texas § Counb/of Nueces § Description ol' a 12.57 acre b'act of land, more or less, a portion o[ lots 17.18, 19, 25 and 26, Sectlo~ 22, Flour Bluff & Enctnal Farm & Garden Tracts, a map ol' which is recorded In Volume 'A ', pages 41 through 43, Map Records, Nuecea County, Texas, said 12.57 acre tract as further described by metes and bounds as followa: BEGINNING at a point which bears S60°57'50'E 560.04'and S2g°03'03'W 500.00' [rom the centedine Intersection of Lens Ddve and CIman'on Boulevard, said beginning point for the northernmost or northwest comer of the tract herein described; THENCE S60°57' 50' E 1237.88' to a point for the easternmost comer of the toact herein described; THENCE S29'02'10'W 259.69' to e point [or the southernmost corner of the tract herein described; THENCE N 77"35'07"W 596.61' to the point ot curvature of a circular curve to the left having a central angle of 20°22'19',a radius of 1100.00' ar~l a chord beadng N87°44'11'W a distance of 389.06'; THENCE along the arc of said circular curve to the left e distance ol' 391.11' to the point of tangency; THENCE S82°04'39'W 105.91' to a point for the southwest comer of the tract herein described; THENCE N0g°15'47' W 277.69' to the point of curvature of a circular curve to the dght having a central angle of 38°17'57", a radius of 288.63' and a chord beadng N09°53'11'E a distance of 189.36'; THENCE along the arc of said circular curve to the right a distance of 192.93' to the polnl of tangency; THENCE N29°02'10'E 272.47' to the POINT OF BEGINNING, a sketch showing said Tract 1 being attached hereto as Exhibit "D". leo;"..i....: U, Welsh, R.P.LS. lillY-5 2004 12:43 FROM:CITY OF CORPUS CHRIS 3618263560 T0:~0~239 P.9/11 E~A$~ & W£LSH £NGINE:ERING March 8, 2004 03053M&B Tract 2 8-4 Zoning to R-lC Zoning State of Texas § County olNueces § Description of a 9.30 acre ~ract of land, more or less, a porUon of Lots 17, 25 and 20, Section 22, Flour Bluff & Encinel Farm & Garden Tracts, a map of which is recorded In Volume 'A', pages 41 through 43, Map Records, Nueces County, Texas, said 9.30 acre Iract as further described by metes and bounds es follows: BEGINNING at a point which beam S60°57'50"E 40.00' and S29°03'03'~/V ~00m~' ~om [he contadina Intersection of Lens Drive and Cimarron Boulevard, said beginning point for the northernmost comer of this THENCE S60°$7'50"E 560.04' to a point for northeast corner of the fi'act herein described; THENCE S29° 02'10' W 272.47' to the point of curvature of a dmular curve to Ihs loft having a central angk~ of 38'17'57', a radius o1' 288.83' and a chord bearing S9'53'11"W a distance or 189.38', THENCE along the am of said circular curve to the left a dlslance of 192.93' to the point of tangency; THENCE S09' 15'47'E 252.53' to a point for the southeast corner of the tract herein described end being in the arc of e circular curve to the dghl having a central anglo of 14°03'08', a radius of 450.00' end a chord bearing N67°5g'24' W 110.09'; THENCE along the arc of said circular curve to the right a distance of 110.37' to the point of tangency; THENCE N60°57'50'W 669.57' to a point for the westernmost comer of the tract herein described; THENCE N29"03'03"E 663.00' to the POINT OF BEGINNING, a sketch showing said Tract 2 being aUached ;3n W61sh, R.P.L.S. NMW:sgh Exhibit "B" FROM:CITY OF C~US CKIRIS 3~11326~5150 TO:~ P.10/ll BASS & WELSH ENGINEERING PH. SSl ssa-es2$ PA]3el 882-1288 Mamh 8,2004 03053M&B2 TRACT 3 FR ZONING REZONE TO B-4 State of Texas § County o1' Nueces § Description of a 3.42 acre b'act of land, more or less, a portion of Lots 25 and 26, Section 22, Flour Bluff & Enctnal Farm & Garden Tracts, a map of which Is recorded In Volume 'A', Pages 41-43, Map Records, Nuece~ Count, Texas, said 3,42 acre tract as [ur[her described by metes and bound~ as foilows; BEGINNING at a point In the ~uture soulheast right-of-way line ol' Clmarron Blvd. which bear,s S29°03'03'W 1628.81' and S80°57'50"E 40.00' from the centsr lice intersection of Lens Drive and Clmarron Blvd,, 8aid beginning point for the northwest comer of the tract herein described and being In the arc of a circular curve to the lelt having a central angle or 46'07"43', a radius or 380,00' and a chord bearing G74°51'30"E a distsnce o[ 282,07'; Thence along the am of said circular carve b3 the left a dIstance of 289.83' to the polnl of tangency; Thence N82°04'39'E 609.92' to a point for easterly c~"ner of the h~ct herein described, said eaatJeriy c¢~m~r being In the arc of a circular curve to the left having a central angle of 23'24'50', a radius of 490,00' and · chord bearing S83°25'56" E 198.85'; Thence along the arc of said cirCular carve to the left a distance of 200.24' to a point for the easternmost comer of this fi'act, said easternmost corner being in the arc of a circalar curve to the lee havlng · central angle of 13°23'48.. a radius of 1110.00' and s chord bearing S78'09'45'W a dlslance ot 258.94'; Thence along [he arc of said circular carve to the left a dlstsnce of 25g.54' to the point of tangency; Thence S71'27'51'W 628.00' to the point of Curvature of a circular curve to t~ dght having a central angle of 57°07'50", a radius of 360.00' and a chord bearing N79'58'14'W a distance of 344.27'; Thence along the arc of said circular curve to ~he right a dislance of 358.96' to a polnl In the future saulheast right-of-way line of Clmarron Blvd. for the weSternmost comer ot Ihs a-act herein described; Thence N2g°O3'03'E 234.68' to the POINT OF BEGINNING, a sketch ~howlng said Tract 3 being aUached hereto as Exhibit NMW:~d EXHIBIT PI~Y-5-~I~t 1~:45 ~ROM:CITY OF CORPUS CFIqIS 361~6356~ T0:915~3~39 p.ll/~l ~R-IC ZONINGff ~~% 20O4 CORPU~ CHRi~'n law [hilt tbs Clly r_..~q~um ChrJall will ~(~) am on ~ ~ as I~lo~: ~ D~ ~ 8~)ness Dwelling lB' YO~o~ ~d~vard Dl~Jrlct [o - el W~ ~d , the ~o~h ~ld~ o( ~, A~, Leeward Drive. F~ ~ ~ o~ Deve[epment State of Texas Coun .ty of Nueces SS: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4894481 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, dim 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 lnteractzve on the 17TH day(s} of MAY, 2004. $306.50 TWO (2) Time{s Credit Manager Subscribed and sworn to me on the date of MAY 18, 2004. ROSA MARIA Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Chri~ Calle~May 17, 2304~. ~~NOTICE OF PASSAGE OF ORDINANCES i Ihe Zoning Ordinance, upon a~:~k~:~