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HomeMy WebLinkAbout027906 ORD - 10/21/2008• Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARTIN HAMEKA, BY CHANGING THE ZONING MAP IN REFERENCE TO 5.009 ACRES OUT OF MARGARET KELLY LAND, TRACT 3, SAME BEING DESCRIBED AS TRACTS A, B, AND C, FROM "FR" FARM -RURAL DISTRICT TO "1-2" LIGHT INDUSTRIAL 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 Martin Hameka, 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, September 17, 2008, during a meeting of the Planning Commission, and on Tuesday, October 21, 2008, 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 5.009 acres out of Margaret Kelly Land, Tract 3, same being Tracts A, B, and C, as described and conveyed in Volume 1548, Page 441, Volume 1548, Page 450 and Volume 1548, Page 459 of the Deed of Records of Nueces County, Texas, located north of Old Brownsville Road and approximately 1,100 feet southwest of Westpoint and Old Brownsville Road intersection, from "FR" Farm - Rural District to "1-2" Light Industrial District. (Zoning Map 052040) (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. 027906 Q:\Sha red V ay\Agenda\2008\10-21 \ORD-zoning0908-02Hameka-I-2.doc ,Page 2of3 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 35-3 of the Zoning Ordinance of the City of Corpus Christi. 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 October, 2008. ATTEST: Armando Chapa City Secretary APPROVED: October 13, 2008 Y rtteA Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI enry Gar Mayor, Ci y of Corpus Christi Q:\SharecillayAgendaV008\10-21\ORD-zoning0908-02Hameka-1-2.doc Page3of3 Corpus Christi, Texas ay of tadirskA , 2008 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, He Garrett/ Mayor, City o{ Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) .o . Bill Kelly Priscilla G. Leal John E. Marez M int Nelda Martinez Michael McCutchon 027906 Q:\SharecitlayAgenda\2008\10-21\ORD-zoning0908-02Hameka-1-2.doc EFFECTIVE DATE Qd k 02 ZN KELLY MARGARET F -R 100 200 Feet WOMACK FARM 10 I� R- 1 B I-3 DAWSON ADDITION •2412008 Prepared By: SRR Department el Developm"n Services CASE # 0908-02 PLANNING COMMISSION, STAFF and APPLICANT RECOMMENDATION From: "FR" To: "I-2" ORDINANCE: 6 H I / T A CCM SUBJECT PROPERTY c91 cto s LOCATION MAP STATE OF TEXAS JOB NO. 07-0512 COUNTY 01? NUECES 5.009 ACRES ALL that certain tract or parcel of land situated In Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Tract 3 of the subdivision of the Margaret Kelly Land as recorded in Volume 8, Page 40 of the Map Records of Nueces County, Texas, same being Tracts A, B and C as described and conveyed in Volume 1548, Page 441, Volume 1548, Page 450 and Volume 1548, Page 459 of the Deed Records of Nueces County, Texas, and described by metes and bounds as follows, to -wit: BEGINNING at a 5/8 inch Iron rod found for the Northeast corner of this tract, same being the Northeast corner of said Tract C, same Tying in the North boundary line of said Tract 3, same being the Northwest corner of Prewit Industrial Village es recorded in Volume 37, Pages 60-61 of the Map Records of Nueces County, Texas; THENCE, along the West boundary line of said Prewit Industrial Village, SOUTH 00 degrees 00 minutes 00 seconds WEST 693.39 feet to a 34 inch iron rod found for the Southeast corner of this tract, same being the Southeast corner of said Tract C, same being the Southwest corner of said Prewit Industrial Village, seine lying in the Northwest right-of-way margin of Old Brownsville Road; THENCE, along said Northwest right-of-way margin of Old Brownsville Road, SOUTH 49 degrees 09 minutes 51 eemnds WEST 356.73 feet to a 5/8 inch Iron rod set for the Southwest corner of this tract, same being the Southwest corner of said Tract A, same being the Southeast corner of a 133.61 acre tract out of Tract 3; THENCE, along the common boundary line of this tract with said 133.61 acre tract, NORTH 00 degrees 03 minutes 52 seconds EAST 927.12 feet to a 5/8 inch iron rod found for the Northwest corner of this tract, same being the Northwest corner of said Tract A, same being the Northeast corner of said 133.61 acre tract, same lying In said North boundary line of said Tract 3; THENCE, along the North boundary line of this tract and of said Tract 3, SOUTH 89 degrees 54 minutes 00 seconds EAST 268.85 feet to the place of beginning and containing 5.009 acres of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Anociation Standards and Specifications for a Category IA, Condition H Land Survey. ZOOS Dated this the 27dagpf /4"4." '11 400.7.,s' i Ronald A. Von, Registered Professional Land Surveyor No.2293 SEAL: 0908-' 2- (keulsCl) N. UNE OF') TRACT 3 NO VISIBLE OR APPARENT PIPELINES AFFECT THE PROPERTY. • R.O.W. TO AMOCO PIPELINE CO. IN V. 265. P. 030, (ORNCT) GOES NOT AFFECT THIS PROPERTY. • R.O.W. TO NANLON PIPELINE CO. IN V. 208. P. 165, (ORNCT) DOES NOT AFFECT THIS PROPERTY. • C.P.L. ESM.T AND R.O.W. IN V.244, P. 408, (ORNCT) 18 BLANKET FOR AREA 133.81 AC. OF TRACT 3 MARGARET KELLY LANDS Writ wainnu i...sen• rm saw mos. OUR LADY OF THE LAKE CONVENT 50AC. (S 89° 54' 00"E 268.85') (8 90° 00' 00"E 266.92') PR riE 88 88 01.44 TRACT A 410.78' t•tccoW.w.--" wyI{ymaww wain /q WM\YNt1y1 "suITLI tem'O'J 5.009 AC. OF THE EON AJ . OF TRACTS I MARGARET KELLY WWO TRACTB TRACTC 12 14 16 10 17 18 19 20 a 21 22 0. i W .4191414004441041. etc KEY' meo7eat KmWSN yen RICE WARM WntnJa VOSS ENOWFERNO.INC. CORIMJSCIOV$11.TECAI 71413 1•111.1202 FAX maws 6.009 Awes out a Traci 3. Mupt W N Ke1y LSM V.6. P.40. Varna) OXIM CMNL Nueces County, Tow CCB -oz (&vise )8.92 0 a J a 24' DRIVE b c=J 100' µ1104103OR 1 111010 11.01011 C B 1,6008E 1,6005E LT. IND. LT. IND. 0/014419/. e . ,mxexmn _1,01*0M mw A 9,00LIGHT TINDUSTRIAL II 1 o- �J -113(41616171510 to 111112191 120' TYPICAL 10X20 PARKING SPACES BUILDING/PARKING LAYOUT —w— EXISTING 8" WATER LINE b EXISTING FIRE HYDRANT DIR. OF SURFACE DRAINAGE PROPOSED CHAINLINK FENCE PROPOSED SEPTIC FIELD PROPOSED WATER SERVICES AND METERS (3 TOTAL) ® PROPOSED FIRE HYDRANT <= DIRECTION OF TRAVEL cb 41- 0' PROPOSED IMPROVEMENTS MARGARET KELLY LAND, 5 AC OF TR 3 MARTIN HAMEKA, OWNER AUGUST 28, 2008 McDowell Engineering, Inc. 710 BuEaIo St. Suite 309 Corpus Christi, TX 78401 Office: 361-887-2131 Fax: 361-887-0920 096ff -02, State of Texas County of Nueces PUBLISHER'S AFFIDAVIT Clg43g } CITY OF CORPUS CHRISTI } Ad # 5877369 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE 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 PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 10/6/2008,10/6/2008. $ 233.52 LEG 1Time(s) On this 0441 day ou-MOCA , 2 1I certify that the attached document is a true and an exact copy made by publisher. PRESENTIVE °WENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 Public, State of Texas • October 6, 2008 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S) OF THE CITY OF COR- PUS CHRISTI Notice is hereby given inaccordance with the law that the City Coun- cil of the City of Corpus Christi will conduct a public hear- ing on Tuesday, October 21, 2008 dur- ing a regular Council meeting which com- mences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to-con- sider the following zoning application(s) of which said applica- tion(s) are on file in the Office of the City Sec- retary and the Department of Plan- ning. At said time and place of hearing, all persons and parties interested may appear before the City Coun- .cil. _The zoning application(s) to be considered a the hearing are as fol owg: — 1.090&02, Martin Ha- meka: From a F-R" Farm- District o an "1-2" Light Industrial District -Located at 5802 Old Brownsville Road, located north of Old Brownsville Road and approximately 1,180,Jeet southwest of Westpoint and Old Brownsville Road 0,1/L:in$ intersection. k, 2 0908-03, Brown & Ortiz, P.C.: From.a "RE* Residential Es- tate to a "6-3" Business District -Lo- cated west of Flour Bluff Drive approxi- mately 130 feet north of the Flour Bluff and Compton Road inter- section: Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christi State of Texas County of Nueces 1 } PUBLISHER'S AFFIDAVIT L�g43g CITY OF CORPUS CHRISTI Ad # 5880028 PO # Before me, the undersigned, a Notary Public, this day personally carne 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 ORDINANCES NO. 0279 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 10/27/2008,10/27/2008. $ 175.32 LEGAL SALES REPRESENTIVE 1Time(s) On this Di"IT1' `day of00_40 A--, 2W I certify that the attached document is a true and an exact copy made by publisher. i Mlvs4„ a 11 GWENN J. MEDINA MY COMMISSION EXPIRES August 2,2012 Not Public, State of Texas • October 4/ NOTICE OF PASSAGE OF 'ORDINANCES VO 027906, Amend - ng the Zoning Ordi- lanee, upon. spoke - ton by Martin Mante- ca, by changing the Zoningap.-in refer- ence to�.009.acres out of Margaret Kelly _Land, -Tract 3-; 'same being :described. as. Tracts A, B. and C, 7rom "FR" Farm -Rural District to.&'t-2" Light yin. dustrlai District; and NO. 027907r Amend- ing the Zoning. Ordi- nance, upofl, applica- tion by Brown & Ortiz, P.C., by changing the Zoning Map:in-refer:. ence to 3.777 acres being part of Lot a and Lot 7, Section - 41, Flour Bluff and Encina) Farm and. Garden Tracts,. from "RE". Res- idential Estate Dlstrict to "B-3"Business 'Die- trict, amending the Comprehensive. Plan. to account for any de- viations fromthe exist- ing Comprehensive Plan; providing a re- pealer clanse; provld- ing a penalty,. provid- ing tor rovid-Ing-tor publication. These ordinances were passed and ap- proved by the City Council of the City of Corpus Christi on Oc- ber21,2008. *Armando Ghana City Secretary City of Corpus Christi