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 ,
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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 __
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