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HomeMy WebLinkAbout027123 ORD - 01/23/2007AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CATAMARAN PROPERTIES, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO TRACT 1: 1.08 ACRES, A PORTION OF THE A.M. FRENCH 237 ACRE TRACT OUT OF SURVEY 417, ABSTRACT 571, NUECES COUNTY, TEXAS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; TRACT 2: 1.67 ACRES, A PORTION OF THE A.M. FRENCH 237 ACRE TRACT OUT OF SURVEY 417, ABSTRACT 571, NUECES COUNTY, TEXAS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AND TRACT 3: 3.5 ACRES, A PORTION OF THE A.M. FRENCH 237 ACRE TRACT OUT OF SURVEY 417, ABSTRACT 571, NUECES COUNTY, TEXAS FROM -R-1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; 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 Catamaran Properties, Ltd., 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, December 13, 2006, during a meeting of the Planning Commission, and on Tuesday, January 23, 2007 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 Tract 1: 1.08 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas, located at the southeast intersection of McKinzie Road and Kingsbury Drive from "R -1B" One -family Dwelling District to an 1B-1" Neighborhood Business District; Tract 2: 1.67 acres, a portion of the A M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County. Texas; located approximately 190 feet from the southeast intersection of McKinzie Road and Kingsbury Drive from "R-1 B" One -family 027123 Page 2of4 Dwelling District to an "R-2" Multiple Dwelling District; Tract 3: 3.5 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County. Texas. iocated at the northeast intersection of McKinzie Road and Kingsbury from `R -1B" One -family Dwelling District to an "R-2" Multiple Dwelling District (Map 061048) (Exhibits) 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. 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. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 7. 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 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 23rd day of January. 2007. ATTEST: 011 Armando hapa City Secretary APPROVED: January 17. 2007, Gary W. Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI H ...EG-DIR\Shared\GaryS,agenda 2007'1-23`OE-D2 Catamarar reg doc MURRAY RASS, 1R., PE.R.PL" NIXON M. WELSH, PE RPLS ,',ww.ba.s welsh •.om STATE OF TEXAS _'CA NTY OF NUECES 3054 S. ALAMEOA, ZIP 78404 PH 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmwaaol.com BASS & WELSH ENGINEERING P.O. Box 6397 oi-pu, Christi, TX 78466-6397 Tract 1 B-1 Zoning November 22, 2006 06100-M&B l ,doc 3escription of a 1.08 acre tract of land, more or less, a portion of the A.M. French 237 Acre Tract out of Survey 117, Abstract 571, Nueces County, Texas, said ' .08 acre tract as further described by metes and bounds as follows; BEGINNING at the northwest corner or Lot 1, Block 1, Rand Morgan Village, a map of which is recorded in Volume 50, Page 165, Map Records, Nueces County, Texas, said beginning point for the southwest corner of the =race herein described and being in the east right-of-way line of McKenzie Road; Thence along said east right-of-way line of McKenzie Road N00°05'02"E 227.36' to the point of curvature of a a:ircular curve to the night having a centra angle of 89°52'32", a radius of 10.00' and a chord bearing N45°01'18"E distance of 14.13'_ :'hence along the arc of said circular curve to the right a distance of 15.69' to the point of tangency in the south right-of-way line of Kingsbury Drive. "}`hence along said south right-of-way line of Kingsbury Drive N89°57'34"E 189.49' to a point for the northeast orner of the tract herein described; Thence S00°02'26"E 234.56' to the northeast corner of said Lot 1. Block I, Rand Morgan Village for the southeast corner of the tract herein described; Thence along the north boundary line of said 1 o 1, Block 1, Rand Morgan Village S89°09'47"W 200.00' to the point of BEGINNING, a sketch showing said 1.08 acre tract being attached hereto as Exhibit "D". Exhibit "A" Sheet 1 of 1 Nixon M. Welsh, R.P.L.S. MURRA' BASS, JR., Pb,RPL.` NIXON M. WELSH, P L R P l S *aww.ba,s-welsh con) STATE OF TEXAS t_!OLIN , Y OF NUliC1-S 3054 S. ALAMEDA, ZIP 78404 PH 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING P.O. Box 6397 Jrpu Christi. TX 78466-6397 Tract 2 R-2 Zoning November 22, 2006 06100-M&B2.doc Description of a 1.67 acre tract of land, more or less, a portion of the A.M. French 237 Acre Tract out of Survey 2 i 7, Abstract 571, Nueces County, Texas, said 1 67 acre tract as further described by metes and bounds as follows; BEGINNING at the northwest corner of Lot 3, Block 1, Rand Morgan Village, a map of' which is recorded at Volume 50, Page 165. Map Records, Nueces County, Texas, said beginning point for the southwest corner of the tract herein described Whence N00°02'26"W 234.56' to a point in the south right-of-way line of Kingsbury Drive for the northwest corner of the tract herein described; Thence along said south right-of-way line of Kingsbury Drive N89°57'34"E 312.98' to a point for the northeast corner of the tract herein described, said northeast corner being at the point of intersection of said south right-of-way line of Kingsbury Drive and the west right-of-way line of Robby Drive; Thence along said west right -of --way line of Robby Drive S00°00'00"W 230.21' to a point in the north boundary tine of said Lot 3, Block 1, Rand Morgan Village. for the southeast corner of the tract herein described; l'hence along said north boundary line of Lot 3, Block 1, Rand Morgan Village, S89°09'47"W 312.85' to the point of BEGINNING, a sketch showing said l 67 acre tract being attached hereto as Exhibit "D", • OF , ,V,o R�;'st• ind illo �N1XON M. WEl�i1, �� A , Nixon M. Welsh, R.P.L.S. Exhibit "B" Sheet 1 of I ( 0(o'o,z MURRAY HASS, JR., PE,RP1. NIXON M. WELSH, PE.RPL.S �ww.ba•s-welsh .cunn STATE OF TEXAS COUNTY OF NUECF.S 3054 S. ALAMEDA, ZIP 78404 PH 361 882-5521— Fax 361 882-1265 e-mail: murrayjr®aol.com e-mail: nixmw®aol.com BASS & WELSH ENGINEERING P.O. Box 6397 orpu:. Christi, TX 78466-6397 Tract 3 R-2 Zoning November 22, 2006 06100-M&B3,doc Description of a 3.50 acrd tract of land, more or less, a portion of the A.M. French 237 Acre Tract out of Survey 417, Abstract 571, Nueces County. Texas. said 3 50 acre tract as further described by metes and bounds as follows; REGINNING at the point of intersection of the west right-of-way line of Robby Drive and the north right-of-way line of Kingsbury Drive, said beginning point for the southeast corner of the tract herein described; !'hence along said north right-of-way line of Kingsbury Drive S89°57'34"W 502.34' to the point of curvature of a circular curve to the right having a central angle of 90°07'28", a radius of 10.00' and a chord bearing N44°58'42"W, distance of 14.16', Thence along the arc of said circular curve to the right a distance of 15.73' to the point of tangency, said point of tangencq° being in the east right-of-way Brie of McKenzie Road; Thence along said east right-of-way line of McKenzie Road N00°05'02"E 67.71' to a point for interior southwesterly corner of the tract herein described; Thence along the easterly right-of-way line of McKenzie Road N11°30'11"W 288.84' to a point for the northwest corner of the tract herein described; Thence S76°00'00"F, 587.29' to a point in said west right-of-way line of Robby Drive for the northeast corner of the tract herein described_ Thence S00°00'00"W 218.33' along said west right-of-way line of Robby Drive to the point of BEGINNING, a sketch showing said 3 50 acre tract being attached hereto as Exhibit "D". OF w H>Ixa.w�s►t, . .... ......... ►,� 2111 �,' , , Nixon M. Welsh, R.P.L.S. 1,4;. 'snot • �O eual Exhibit "C" Sheet ! of 1 ia-ooro N i45 I111X err OF 1440DRAIN; 4G Raw,Cp CHRISTI: PORTION OF THE A. M. FRENCH 237 AC TRACT OUT OF SUR. 417, ABS. 571, NUECES CO., TX, N_ NC°05"02"E: 1=89' 52' 32' R=10. 00' T=9. 98' L=15. 69' CB=N45' 01 18' CH=14. 13 TRACT 3, R-2 ZONING, PORTION OF THE A. M. FRENCH 237 AC TRACT OUT OF SUR, 417, ABS_ 571, NUECES CO., TX, 3.50 AC ROBBY DR. 1=90' 07' 28' R=10. 00' T=10. 02' L=15. 73' CB*144. 58' 42' ' CH.14. 16' .0 NO" 05' U2' E 5O' 389' 57' 34' W 502 34' K I NGSBURY DR. N89' 57' 34' E 502. 47' (60' ROW) 189 49' TRACT 1, 3-1 ZONING, PORTION JF THE A. M. FRENCH 237 AC TRACT OUT OF SUR. 417, ABS. 571, NUECES CO., TX, 1'18 AC 200. 00' SOO'02'26'E 234.56' 312. 98' TRACT 2, R-2 ZONING, PORTION OF THE A. M. FRENCH 237 AC TRACT OUT OF SUR. 417, ABS, 571, NUECES CO.. TX. 1.67 AC. 312. 85' s 0 0 0 0 0 0 25' '89' 09' 47' W 512. 85' OT BLK 1, RAND HORGAN VILLAGE s. 50, P. 165, N. R. LOT 3 EXHIBIT "D" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTIONS 1' = 100' BASS AND WELSH ENGINEERING CORPUS CHRISTI. TX COMP. NO. EXB—ZONING JOB N0. 05100 SCALE: 1" .. 100' PLOT SCALE: SAME PLOT DATE: 11-21-06 SHEET 1 OF 1 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss. Ad # 5646784 PO # Before me, the undersigned, .3 Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Sales Representative .:)f 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 Patrick), 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 Interactive on the 8TH day(s) of JANUARY, 2007. $242.25 MICHEUE JOYCE CABRERA M,, coMAIISsioN Eyp,RE NtMI 19, 20 &eirtel-cet, Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. ;.Janus 8 2007 OTICE OF PUBLIC 1 HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi wit; conduct a public hearing on Tuesday, .anuary 23, 2007 during a regular Council meeting which commences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said application(s) are on file in the Office of the City Secretary and the Department of Planning. At said time 1 and place of hearing, all persons and parties interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as follows: 1 1206-02, Catamaran Properties, Ltd.: From a "R -1B" One -Family Dwelling District to a "R- 2" Multiple Dwelling District tor Tracts 2 and 3 and a "B-1" Neighborhood Business District for Tract 1 - Located at the northeast intersection of McKinzie Road and Kingsbury. 2. 1206-03, Mostaghasi Investment Trust: From a "R -1B" One - Family Dwelling District to a "B-4" General Business District - Located approximately 400 feet from the southwest intersection of FM 624 (Northwest Blvd) and County Road 69 (Hazel Bazemore Rd.) Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christ/ Page 3 of 3 Corpus Christi, Texas day of JI , 2007 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, Henry Garre Mayor, City oT Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett kAL Brent Chesney John Marez Jerry Garcia - William Kelly Rex A. Kinnison Melody Cooper_____ Jesse Noyola Mark Scott __ F LEG -D R'Shared\:GanvS\agenda\2007 1-23 ?206-(i2 Catamaran reg doc 0 '7 I N \