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Home My WebLink About027907 ORD - 10/21/2008Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BROWN & ORTIZ, P.C., BY CHANGING THE ZONING MAP IN REFERENCE TO 3.777 ACRES BEING A PART OF LOT 6 AND LOT 7, SECTION 41, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "RE" RESIDENTIAL ESTATE DISTRICT TO "B-3" 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 Brown & Ortiz, P.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, 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 3.777 acres being a part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive approximately 130 feet north of the Flour Bluff and Compton Road intersections, from "RE" Residential Estate District to "B-3" Business District. (Zoning Map 036032) (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. 027907 O: \SharedUayV\genda\2008\10-21 \ORD-zon ing0908-03BrownOrtiz-B-3.doc Page 2 of 3 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 14, 2008 aigv Yv-te Aguil Ass'stant City Attorney For City Attorney CITY OF CORPUS CHRISTI enry Gafett Mayor, City of Corpus Christi Q:\SharedWayV\genda\2008\10-21 \ORD-zoning0908-03BrownOrtiz-B-3.doc Page 3 of 3 Corpus Christi, Texas day of 0-h. , 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, enry Gar tt Mayor, Ci y of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal ASA/ John E. Marez Nelda Martinez Michael McCutchon lufd 027917 Q:\SharedUayWgenda\2008\10-21 \ORD-zoning0908-o3BrownOrtiz-B-3.doc EFFECTIVE DATE 6m-Pl o2at R71 _ cove CENTER PADRE ISLAND :AWO PLACE B-3 2 AERRA EE ESTATE 1 OAK TERRACE -UN OAK TERRACE ESTATES CASE # 0908-03 PLANNING COMMISSION, STAFF and APPLICANT RECOMMENDATION SUBJECT PROPERTY ORDINANCE: LOCATION MAP City of Christi METES AND BOUNDS DESCRIPTION 3.777 ACRES All that certain tract or parcel containing 3.777 acres of land in Nueces County, Texas, being part of Lot 6 and Lot 7, Section 41, of "Flour Bluff and Encinal Farm and Garden Tracts" (FBEFGT), a subdivision of record in Volume A, Page 42, of the Nueces County Map Records (NCMR), also being the same tract which was called 3.812 acres (1.888 Acre Tract I, and 1.924 acre Tract II), and conveyed from Robert C. Wilkerson, District Director, IRS, to Gene Allen, James R Cameron, and Roger D. Rape, by an instrument of record in Volume 2166, Page 869, of the Nueces County Deed Records (NCDR), said 3.777 acres being more particularly described by metes and bounds as follows, basing Coordinates and Bearings upon the Texas Coordinate System of 1983 (1993 Adjustment), South Zone, to wit: BEGINNING at a 5/8"IR (X=1373063.44', Y=17135089.94') set at the northeast corner of said 3.812 acre tract and southeast corner of Lot 30 of Lots 23-30 Incl., Lexington Industrial Center, a subdivision of record in Volume 37, Page 9, NCMR, lying In the west line of Flour Bluff Drive (width unknown), at its intersection with the south line of Lot 5 and north line of Lot 6, FBEFGT, said beginning point being located southwesterly approximately 1,000 feet along Flour Bluff Drive from South Padre Island Drive, AKA State Highway Number 358 (SPID); THENCE S 28°33'13" W,.126.50 feet along the west line of Flour Bluff Drive to a 5/8" iron rod set at the southeast corner of said 3.812 acre tract and northeast corner a tract which was called 5.5 acres and conveyed from Lura D. Sweatt to Hart F. Smith, by an instrument of record in Document #1997036476, of the Nueces County Official Public Records of Real Property (NCOPRRP); THENCE departing Flour Bluff Drive, N 61°27'51" W, 1300.66 feet along the common line of said 3.812 acre and 5.5 acre tracts to a 5/8" iron rod set at the southwest corner of said 3.812 acre tract and an Interior corner of said 5.5 acre tract; THENCE N 28°32'09" E, 126.50 feet along the common line of said 3.812 acre and 5.5 acre tracts to a 5/8" iron rod (X=1371920.75', Y=17135711.29') set at the northwest corner of said 3.812 acre tract and most westerly northeast corner of said 5.5 acre tract, lying in the south line of Lot 17 Lexington Industrial Center, a subdivision of record in Volume 28, Page 37, NCMR; Page 1 of 2 Pages METES AND BOUNDS DESCRIPTION 3.777 ACRES Page 2 THENCE S 61°27'51" E, along the north line of said 3.812 acre tract, at 135.06 feet pass a 5/8" iron rod found at the southeast corner of said Lot 17, and southwest corner of Lot 18, Lexington Industrial Center, a subdivision of record in Volume 41, Page 74, NCMR, at 227.39 feet pass the calculated southeast corner of said Lot 18 and southwest corner of Lexington Industrial Center Lot 19, a subdivision of record In Volume 60, Page 58, NCMR, from said calculated corner, 5/8" iron rods found bear: S 28°32'46" w. 0.24' and S 28°11'42" W, 0.33', at 597.51 feet pass the southeast comer of said Lot 19 and southwest corner of Lot 23, Lexington Industrial Center, and continuing for a distance In all of 1300.70 feet to the PLACE OF BEGINNING, containing 3.777 acres of land, more or less. A certified plat has been prepared under the same job number as a part of this professional service. Compiled By: Johnson .& Pace Incorporated 1201 NW Loop 281 • LB -1 Longview, Texas 75604 Lonna= Pace, II Professional Land Surveyor Texas Registration No. 1573 Engineering • Architecture •_Surveying. Job No. 2154-015 Date: June 20, 2008 Page 2 of 2 Pages 090Y 03 oa n s. -n .a rar nit s.a a• <LI aa+ sso.ata r•aoa•.<•.,an•ara-.cravasar.< 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