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HomeMy WebLinkAbout027371 ORD - 08/21/2007Pagel of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY LSCC HOLDINGS, L.L.C., BY CHANGING THE ZONING MAP IN REFERENCE TO 0.697 ACRES (TRACT 1) AND 0.298 ACRES (TRACT 2), OUT OF NUECES RIVER IRRIGATION PARK ANNEX NO. 1, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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 LSCC Holdings, L.L.C., 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, July 25, 2007, during a meeting of the Planning Commission, and on Tuesday, August 21, 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 0.697 acres (Tract 1) and 0.298 acres (Tract 2), out of Nueces River Irrigation Park Annex No. 1, located at the intersection of Riven/mod Drive and FM 624 (Northwest Boulevard), from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District. (Zoning Map 067051) (Exhibit) 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. 027371 H:1LEG-DI R1Sha redlGarySlage nda1200718-21 \ORD-zoni ng0707-03-LSCCHoId ings-N uecesRiverlrrPrkAnxl -alt.doc Page' 2 of 3 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 21st day of August, 2007. Armando Chapa City Secretary APPROVED: August 15, 2007 Gary W. Smith Assistant City Attorney For City Attorney CITY F CORP CHRISTI ,_r / v . �„ Hen ifs arre Mayor, City o Corpus Christi EFFECTIVE 011E 6q5-21-0 w H:1LEG-DIR\SharedlGarySlagenda1200718-211ORD-zoning0707-03-LSCCHoldings-NuecesRiverlrrPrkAnxi-alt.doc Page' 3of3 Corpus Christi, Texas 21 day of , 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, my Garr Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 027 371 H:1LEG-DIRISharedlGarySlagenda1200718-211ORD-zoning0707-03-LSCCHoldings-NuecesRiverlrrPrkAnxl-alt.doc TRACT 1 Field Notes for a 0.697 -acre tract of land out of Nueces River Irrigation Park Annex No. 1, Block 1, Lot 1 recorded in Volume 63, Page 76, Nueces County Map Records Commencing at a 5/8" iron rod found at the southeast corner of Nueces River Irrigation Park Annex No. 1, Block 1, Lot 1 as shown on a plat recorded in Volume 63, Page 76, Nueces County Map Records. Said commencing point also being in the north right-of- way ight-ofway line of Northeast Boulevard (FM 624) from which a found iron rod marking the intersection of the east right-of-way line of Riverwood Drive and North right-of-way line of Northeast Boulevard (FM 624) bears N 83° 52' 03" W a distance of 279.83'. Thence N 10° 20' 45" E, along the east property line of said Lot 1, a distance of 112.60' to the POINT OF BEGINNING and the southeast corner of this tract; Thence N 83° 52' 03" W, a distance of 286.02' to a found 5/8" iron rod for the southwest corner of this tract; Thence N 25° 24' 28" E, along the upper west property line of said Lot 1, a distance of 118.96' to a found 5/8" iron rod for the northwest corner of said Lot 1 and the northwest corner of this tract; Thence S 83° 52' 03" E, along the north property line of said Lot 1, and the north line of this tract, a distance of 255.02' to a found 5/8" iron rod for the northeast corner of said Lot 1 and the northeast corner of this tract; Thence S 01° 20' 45" W, along the east property line of said Lot 1 and the east line of this tract, a distance of 112.60' to the POINT OF BEGINNING and containing 0.697 acres of land. 0171-03 FROM Ooym, Rehmet & Guiterre2 Enr eer i ng, L. P. (MON)JUL 8 2007 14'''1/ST. 14.53/No.7361070819 P 3 TRACT 2 Field Notes for a 0.298 -acre tract of land out of Nueces River. Irrigation Park Annex No. 1, Block 1, Lot 1 recorded in Volume 63, Page 76, Nueces County Map Records Commencing at a 5/8" iron rod found at the southeast comer of Nueces River Irrigation Park Annex No. 1, Block 1, Lot 1 as shown on a plat recorded in Volume 63, Page 76, Nueces County Map Records. Said Commencing point lies in the north right-of-way line of Northwest Boulevard (FM 624), from which a found iron rod, marking the intersection of the east right-of-way line of Rivcrwood Drive and north right-of-way line of Northwest Boulevard (624), bears N 83° 52' 03" W a distance of 279.83'. Thence N 10° 20' 45" E, along the east property line of said Lot 1, a distance of 188.21' to a point; Thence N 83° 52' 03" W, a distance of 286.02' to a found 5/8" iron rod marking an interior corner of said Lot 1 and being the POINT OF BEGINNING and east corner of this tract; Thence S 25° 24' 24" W, along the southeast line of this tract, a distance 137.54' to a found 5/8" iron rod found in the northeast right-of-way line of Riverwood Drive, for the south corner of this tract; Thence N 43° 48' 21" W, along the northeast right-of-way line of Riverwood Drive, a distance of 201.92' to a .found 5/8" iron rod for the west toner of this tract; Thence S 83° 49' 51" E, along the lower north lint of said Lot 1, a distance of 194.94' to the POINT OF BEGINNING and containing 0.298 acres of land. b7o7.03 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5810568 PO # Before me, the undersigned, a Notary Public, this day personally came CRIS HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 27TH OF AUGUST, 2007. $163.68 1Time (s) On this V2 day of , 2A1 I certify that the attached document is a true and an exact copy made by publisher. MICHELLE JOYCE CABRERA v7' I DIY COMMISSION EXPIRES March 19, 2008 Notary Public, " to of Texas August 27, 2007 NOTICE OF PASSAGE OF ORDINANCES NO. 027370, Amending the Zoning Ordinance, upon application by JTJ Investments, Ltd., by changing the zoning map rn reference to Nueces Gardens 1, Block 1, Lots 4 and 4A, from "R -1B" One -family Dwelling District to "A-1" Apartment House District; and NO. 027371, Amending the Zoning Ordinance, upon application by LSCC Holdings, L.E.C., by changing the zoning map In reference to 0.697 acres (Tract 1) land 0.298 acres (Tract 2) out of Nueces River Irrigation Park Annex No. 1 from "R -1B" One - family Dwelling District to "B-1" Neighborhood Business District; amending the Compre- hensive Plan to ac- count for any deviations from the existing Com- prehensive Plan; pro• vlding a penalty. These ordinances were passed and approved by the City Council of the City of Corpus Christi on August 21, 2007. lsl Armando Chapa City Secretary City of Corpus Christi