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HomeMy WebLinkAbout026073 ORD - 12/14/2004 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HENRY TUCKER BY CHANGING THE ZONING MAP IN REFERENCE TO 136.73 ACRES OUT OF MCINTYRE PARTITION OF THE MARIANO LOPEZ DE HERRERA GRANT, TRACT 4, ABSTRACT 606, NUECES COUNTY, TEXAS AS DESCRIBED IN WARRANTY DEED, VOL. 2210, PAGE 748 D.R.N.C.T., FROM "FR" FARM RURAL DISTRICT TO TRACT -1 "R-1B" ONE-FAMILY DWELLING DISTRICT, TRACT 2- "R-1C" ONE-FAMILY DWELLING DISTRICT, AND TRACT 3- "B-1" NEIGHBORHOOD BUSINESS 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 Henry Tucker 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, October 20, 2004, during a meeting of the Planning Commission, and on Tuesday, December 14, 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 136.73 acres out of Mcintyre partition of the Mariano Lopez de Herrera Grant, Tract 4, Abstract 606, Nueces County, Texas as described in Warranty Deed, Vol. 2210, Page748, D,R.N.C.T., located south of Northwest Boulevard (F.M. 624) and west of F.M. 1889, from "F-R" Farm - Rural District to Tract 1- "R-1 B" One-family Dwelling District, Tract 2- "R-1 C" One-family Dwelling District, and Tract 3- "B-1" Neighborhood Business District, as shown on the attached Exhibit. (069050,069051) 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, H :\LEG-DI R\Joseph\Zoning-04\ 1 004-09StaffPCAlternative.doc f1 ') ~ 0 ,., ') '- n. '.J Page 2 of 3 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. 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 14th day of December, 2004. ATTEST: ~r^~ Armando Chapa City Secretary APPROVED Ik'((a~v /- Joseph H~~l '(6/ Assistant City Attorney For City Attorney TH'lTY OF CORPUS CHRISTI ~ .,~~" amuel L~ e ,Jr. Mayor, The City of Corpus ristl 2004 H :\LEG-DI R\Joseph\Zoning-04\ 1 004-09StaffPCAlternative .doc Page 3 of 3 Corpus Christi, Texas i'i1'- day of j)C0~-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. l/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, ~.~~~~ ~amuel L. ai, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Rex A. Kinnison (~ c 7 ~ Cu-y ("uj'" cV-f I .' . (U~lJ- r<' _ ,l OJ).-- . ul'<U "t Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Jesse Noyola Mark Scott H :\LEG-D I R\Joseph\Zoning-04\ 1 004-09StaffPCAlternative. doc 02r':O"l3 DEC-1-2004 15:37 FROM:CITY OF CORPUS CHRIS 3618263560 ,.... LO:: N _O'l ,............. ~~-~-..-ON ~(ON-bci ~:tOci-N lOOC"'-l....-tJ)N -ON_" II . II II II IIlDO It ac<J..-l~UU " 6 0 -- · (--T"o--!...,~~~- i! i.--'~ r-----_ . . l;a I -: !'. ! ~ :~ '~' ., k --~(11~- .- .--..-,' ~ 1"0: , ~I' I' ~.n;;::: .0 . ... I I U")"" ~ I . 0" ,..., N I r~ VI ! ~ )1.S0'rOL to : 'e "" co .., I.. _.' '. " III :;: F--~--' ~ ' , .... L_~-1_ I '~O~QI'M r---- ~-:~L! I ~. I ...: Cl I---~~ ., > ~ F.~:~ ....: ~ en! . ;/ ~I i I i ! i i , I ."'.,e- (/':;;;:;0. It I, " i i , i I , , I i , , I : I I , I i : I I , , ! i i : I , , 1 , I I , , I , I i Q: o z wm :: j? 1")- N N :" .". co III ~ ~ .., OIl", ............<11( Ulc&D <Ol(m"':", '" -' ~ <Dr- .., ~ 0- 11').... . !Xl 1.0 . NN " en ON Vl i . l . -t:-- TO: 98803239 ~ 1/"); ......u:> -. '11')- _ en- -q-. __l.t)N l..OOON-mN ....11') . . ... N_Ote \OO!Xl'<tVlN ~ON_IIII 1I111111lDCl Cl::<J..-lI-UU ., . ~. ~ --::.. .~2 i;:i;:i!b"': ~8E~~~ ..n'lImA O:<J~""'uu ,,- mV) '", " I") M..gS,OV.6S '1 , It e ~ d iii ~ N "'0 ON"" ~-'" U I......~ -cto:;l.O . '" ",,,, I- qN IJ') \0 .... '" , Vg'Sf9 M..es,O'l'.6S N iG iO ') .f L 'erO? ~ " IlM'.', I' i.._O'I.'.l..... w N" 00 - 0 en . _IJ') " N 0\0 !Xl V1 :41 '" _0 ~(J) d _ :b <0 III f !Xl- </')'<t . <D o. '<ten ","'" o V1 3..91.01.60N i j j j j / j j / i i i j I / II /:/1 ~ ~i "'. 'f '", 17 I!!! t:J:. 1 i / i j / i i i i i i j j ., ~~ :e ::~._-_:tE "'-C!"l..:t .~~,..'" ii.II,:.f.A . <l.........uu ~ III 0 r-"" ti~~.... c I .0 a::;Cl::N..; to- 1"')0 lIl_ ~ j -... --.,- P,4 ~ ~ ~ ill l! ~ c ------ --- ..--- :' .. .. = --- --- I") ai -- !Xl --- '" ------- _.._~~- , ..~_.--=.":~----.~ --- I, -..__ .'0 . :<0 _ ::z :i --~i_ I .a: , ..... -0_ : ! .. --- ~ -----c..~ ~e .; ./004-09 I~~~.. ---- . -----._---- DEC-1-2004 15:38 FRm1:CIT'1 OF CORPUc, CHRIS :',618263560 TO: 98803239 P.5 PROPERTY DESCRIPTION TRACT I - R-1B STA TE OF TEXAS COUNTY OF NUECES Field notes of a 104,04 acre tract being out of a ]47.96 acre tract, being a portion of Tract 4 of the Mclntyre partition of the Mariano Lopez de Herrera Grant, Abstract 606, Nueces County, Texas and said acre tract is described in a Warranty Deed, recorded in Volume 2210, Page 748, Deed Records, Nueces County, Texas. Said ]0404 acre tract is situated in Nueces County, Texas approximately ]7 miles west of Corpus Christi, and is described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the northwest comer of the Rio Lado Acres, Unit 2, recorded in Volume 44, Pages] 90-19], Map Records of Nueces County, Texas for the southwest comer ofthis tract; THENCE N 090 ]0' ]6" E along the east line of the Katherine Lontos and west line of this tract, a distance of 203 8.13 feet to a 5/8" iron rod set for the northwest corner of this tract, whence a 5/8" iron rod set at the northwest comer of said 147.96 acre tract bears N 90 10' ]6" E, a distance of 274.76 feet; THENCE S 840 32' 23" E along the north line of this tract, a distance of] 144.25 feet to a point for an angle corner of this tract; THENCE S 090 40' 58" W, a distance of835.84 feet to a point for an angle comer of this tract; THENCE S 800 ]9' 02" E, a distance of625.00 feet to a point for an angle corner ofthis tract; THENCE S 090 40' 58" W, a distance of79.64 feet to a point for an angle comer of this tract; THENCE S 800 19' 02" E, a distance of ] 137.25 feet to a point on the west right-of-way of PM Highway ]889, an angle corner of this tract and the beginning ofa circular curve to the left, which has a central angle of 000 ]]' 29", a radius of ]6,464.15 feet, a tangent distance of27.51 feet, an arc length of55.0], a chord bearing ofS 90 35' 28" W, and a chord distance of55.01 feet; THENCE along said curve to the left, a distance of 55.01 feet to a TXDOT monument found at the point of tangency and corner of this tract; THENCE S 90 28' 57" W along the west right-of-way of said FM Highway ]889 and east line of this tract, a distance of 1 ]50.39 feet to a TXDOT monument found at the north line of Rio Lado Acres Unit ], recorded in Volume 42, Page 60, Map Records of Nueces County, Texas for the southeast corner of this tract; THENCE N 80020' 44" W along the north line of said Rio Lado Acres Unit] and 2, a.distance of 2889,3] feet to the BEGINNING POINT, and containing 104.04 acres, more or less. Qc~'i:,~ loal\-O~ DEC-1-2004 15:39 FROI1:CITY OF CORPUS CHF'IS 3618263560 TO: 98803239 P.6 PROPERTY DESCRIPTION TRACT II - R-IC STATE OF TEXAS COUNTY OF NUECES Field notes ofa 24.93 acre tract being out of the north portion ofa ]47,96 acre tract, being a portion of Tract 4 of the McIntyre partition of the Mariano Lopez de Herrera Grant, Abstract 606, Nueces County, Texas and said acre tract is described in a Warranty Deed, recorded in Volume 22]0, Page 748, Deed Records, Nueces County, Texas. Said 24.93 acre tract is situated in Nueces County, Texas approximately 17 miles west of Corpus Christi, and is described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found at the northwest comer of the Rio Lado Acres, Unit 2, recorded in Volume 44, Pages ]90-] 9], Map Records ofNueces County, Texas; THENCE N 90 10' ]6" E along the east line of the Katherine Lontos and west line of said ]47.96 acre tract, a distance of 2038.13 feet to a 5/8" iron rod set for the northwest comer of a 137.27 acre tract, whence a 5/8" iron rod set at the northwest comer of said ]47.96 acre tract bears N 9010' 16" E, a distance of274.76 feet; THENCE S 840 32' 23" E, a distance of] ]44.25 feet to the BEGINNING POINT and northwest corner of this tract; THENCE S 84032' 23" E along the north line of this tract, at 360.67 feet pass a 5/8" iron rod found at the southwest comer of Lot 4, Block 2, West River Place Unit], recorded in Volume 50, Page 23, Map Records ofNueces County, Texas, in all a distance of 990.40 feet to a 5/8" iron rod found at an angle comer of Lot 7 of West River Place Unit] recorded in Volume 55, Page 200, Map Records ofNueces County, Texas, for an angle corner of this tract; THENCE S 50 26' 58" W along the west line of said West River Place Unit] and east line of this tract, a distance of305.06 feet to a 5/8" iron rod found at the southwest comer of Lot 7 of said West River Place Unit] for an angle comer of this tract; THENCE S 840 32' 23" E along the south line of Lot 7 and north line of this tract, a distance of 255.70 feet to a point for the northeast corner of this tract; THENCE S 09040' 58" W along the east line of this tract, a distance of 703.05 feet to a point for the southeast comer ofthis tract; THENCE N 800 ] 9' 02" W, a distance of 640.22 feet to a point for an angle comer of this tract; THENCE N 090 40' 58" E, a distance of7964 feet to a point for an angle corner of this tract; THENCE N 800 ]9' 02" W, a distance of625.00 feet to a point for an angle comer ofthis tract; THENCE N 090 40' 58" E, a distance of 835.84 feet to the BEGINNING POINT, and containing 24.93 acres, more or less. eo- ~ \OO~- () <1 DEC-1-2004 15:48 FROM:CITY OF CORPU,,' CHRIS 3518253550 TO: 98803239 P.2 PROPERTY DESCRIPTION TRACT DI - B- '1-- STATE OF TEXAS COUNTY OF NUECES field notes ofa 7.76 acre tract being out of the north portion ofa ]47.96 acre tract, being a portion of Tract 4 of the McIntyre partition of the Mariano Lopez de Herrera Grant, Abstract 606, Nueces County, Texas and said acre tract is described in a Warranty Deed, recorded in Volume 2210, Page 748, Deed Records, Nueces County, Texas Said 7.76 acre tract is situated in Nueces County, Texas approximately] 7 miles west of Corpus Christi, and is described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found at the northwest corner of the Rio Lado Acres, Unit 2, recorded in Volume 44, Pages] 90-19], Map Records ofNueces County, Texas; THENCE N 090 ] 0' ] 6" E along the east line of the Katherine Lontos and west line of said] 74.96 acre tract, a distance of2038.13 feet to a 5/8" iron rod set for the northwest corner ofa 137.267 acre tract, whence a 5/8" iron rod set at the northwest corner of said 147,96 acre tract bears N 90 10' 16" E, a distance of 274.76 feet; THENCE S 840 32' 23" E, at ]504.92 feet pass a 5/8" iron rod found at the southwest corner of Lot 4, Block 2, West River Place Unit ], recorded in Volume 50, Page 23, Map Records of Nueces County, Texas, in all a distance of2134.65 feet to a 5/8" iron rod found at an angle corner of Lot 7 of West River Place Unit I recorded in Volume 55, Page 200, Map Records ofNueces County, Texas; THENCE S 050 26' 58" W along the west line of said West River Place Unit ], a distance of305.06 feet to a 5/8" iron rod found at the southwest corner of Lot 7 of said West River Place Unit 1; THENCE S 840 32' 23" E along the south line of Lot 7, a distance of 255.70 feet to the BEGINNING POINT and northwest corner of this tract; THENCE S 840 32' 23" E along the south line of Lot 7 and Lot 8 and north line of this tract, a distance of 505.50 feet to a 5/8" iron rod set for the northeast corner of this tract and the beginning of a circular curve to the right, which has a central angle of 000 46' 19", a radius of 16,344.15 feet, a tangent distance of] 10.11 feet, an arc length of 220.21, a chord bearing of S 10007' 27" Wand a chord distance of220.2] feet; THENCE along said curve to the right, a distance of220.21 feet to a TXDOT monument found at the point of tangency; THENCE S ] 00 25' 50" W along the west right-of-way of said FM Highway 1889 and east line of this tract, a distance of292.84 feet to a TXDOT monument found for a corner of this tract and the beginning of a circular curve to the left, which has a central angle of 000 47' 26", a radius of ]6,464.15 feet, a tangent distance of ] 13.60 feet, an arc length of 227,20, a chord bearing of S ] 00 04' 56" W, and a chord distance of227.20 feet; ~CA. <::>-4' \ a o~- 69 DEC-I-2004 16:53 FROM:CITY OF CORPUS CHRIS 3618263560 TO: 98803239 P.l Property Description - TraClIll 680-04013 September] 7, 2004 Page 2 THENCE along said curve to the left, a distance of227.20 feet to a point for the southeast corner of this tract; THENCE N 800 ] 9' 02" W along the south line of this tract, a distance of 497.03 feet to a point for the southwest corner of thi s tract; THENCE N 090 40' 58" E along the east line of this tract, a distance of 703.05 feet to the BEGINNlNG POINT, and containing 7.76 acres, more or less. ~~ ~ \coL\--O~ .. ..... 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PUBLISHER'S AFFIDAVIT Q4 NO\' 32 M~ 8: 4S State of Texas County of Nueces ss: CITY OF CORPUS CHR]ST] Ad # 5064568 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, 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 t~ 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 Interactive on the 29TH day(s) of NOVEMBER, 2004, $248.75 bL~ ?ij Uuo-JO.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of NOVEMBER 30, 2004. _ ~/:x Q;~ '-/IlQ!1U~~___ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05, : . Mond8y. N ... NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPlICAT1ON(S) OF THE CITY OF CORPUS CHRISTI Notice Is helllby_1n ac:cordonce W/in ... law that tho City Counoil of the Clly '" Corpus Christi wHI conduct a pubHc hooring on T_y, Decerriber 14, 2004, I during a regul.r Counc8 meeting which ' commences at 10:00 a.m. in the City Council C_.., City HaH, 1201 Leopard, to _r the_g ...... oppIioa1Ion(l, d which said opp/lcatlon(s) _ on file in the Office of the City Secretary and the Department of Planning. At said limo and place of hearing, all persons ond poI1Ias I_may_ before lI1a City CouncIl. The zoning appllcation(s) to be conlidered at the heaItng 81'8 as foHowe: 1. tOO4-Q6. Ronold N. Voss: "A-1B" One- fa~ Dwolling Dlotr1ct 10 RE' Rosldentlal Estate District _ Located alan the soull1 _ of G Drive, approximately 500 feet west of 81.; Potw Stroot. 2. lQ04. 07. Murray ArchItectI: I "AS" Profession. . 0fII0e District to "8-1 Nlighborhoo Bu&in... Ol8trict LocoIIod IIOltI1 of Street and South TlIIlQIItua &m.., Ca. . a.. .. TudoIr.~ F......._ _ to 'R.l B' Ono.lamlly OwoNlng DIsIrict. 'R. t C. One-family Dwelling District, and "8-4" General Business District _ located south of Northwest Boutevard and west of F.M. 1889. 4. lQ04.10, Eapouza PI.t Control: "A-I" Ap.rtment Home Ol.trict to -8-4- Gen.ral Business 'District - Located northeast of South : Padre Island access road and Anthony Street intersection. I (JnfOrmation m~)' be I _ b~ eating Of' Yillllnatho~ of !)evelopment Services. Planning $ecIion at (361) 826. 3/i6O, 2406 leopard Stroot. iS/ Armando CI1epa CIty~. Clly 01 Corpus Chtisti R-TIMES , PUBLISHER'S AFFIDAVIT State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5081009 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, 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, NOT]CE 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 20TH day(s) of DECEMBER. 2004. $202.00 bL'D.flD- ?tj Uu~.scc.. c::> ..- <;j ~.l' .-, \-.> ''-J r"-' SENIOR COLLECTOR TWO (2 ) Time(s) "'" 'J: Subscribed and sworn to me on the date of ,0 DECEMBER 21,2004. ., ., ~ :'.., c5i (]!)jJ ~Ill/J ~{},-< Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public ;--- My commission expires on 04/23/05, NOTICE OF PASSABE OF ORDINANCES NO. 02lI071, amending tho Zoning ~once. upon application by RonoId A. V_ by chonglng tho _ng map in refer-.ce to 18.21 acres ... of Flour Bluff ond IncinoJ Farm and Qarden Tracts, Section 50, lot 3, from "R-1B" One- lami~ OWoUlng DIotrlcl to RE" R_ldentl" E.-. Dlstrlcl; NO. 02lI072. amendlng tho Zoning Ordinance. .ppf~ by =~Arch_ by changing the _ng map in reference to Brayton Addition, Block . 2. Lots 3. 4. 5. 8, and . 7, Chapman AddItion, Block 2, Lot 1, from I "AB" Professionali 0Ift00 D1otr1c1 \0 'B-1' I Nolghborhood, 80_ District; and 1 NO. 02lI073, amondIng I' tho ZonIng Ordlnonoo. - by' ~ry "Tucker by i changing the zoning I:" map in reference to 138.73 acres out of Mcintyre Partition of' tho Motiono Lopez do I Herrera Grant, Tract 4. '. -.at 608. Nueooa County, Tex8I as, dHcribed In warranty Deed, Volume 2210, Page 748, Oeed I Rooords of Nueceo 'I , County, Texas, from "FR" Farm Rural i llIoIriGI \0 Tract 1 - 'R-' 18" _ O. na-family' DMIIIIla:DIIIrIcI, 'T_' 2 - 'A-fe' Ono-fIlmlfy Dwelling.. District, and Tract 3 - "B-P ~ Neighborhood ., BusIness District; ~gvo ~~=I! to ax:ount Ii' for any deviations from the existing Comprehenstve Plan. Th... ordinances were passed and. opproved by tho City 1 Council of the City of ,; Corpus Christl on ~ Deoombor 14, 2004. IsI Annondo Chapa l City _ryl City 01 Corpuo Chriott~' : '!