HomeMy WebLinkAbout027949 ORD - 11/18/2008Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY JASON AND KIM COMSTOCK, BY CHANGING THE ZONING MAP
IN REFERENCE TO A TWO ACRE TRACT OF LAND OUT OF LOT 33,
SECTION 52, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, FROM "F -R" FARM RURAL DISTRICT TO "RE"
RESIDENTIAL ESTATE 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 Jason and Kim Comstock, 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,
October 15, 2008, during a meeting of the Planning Commission, and on Tuesday,
November 18, 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 a two acre tract out of Lot 33, Section 52, Flour
Bluff and Encinal Farm and Garden Tracts, located on the east side of Waldron Road
approximately one-half mile south of Yorktown Boulevard, from "F -R" Farm Rural
District to "R -E" Residential Estate District. (Zoning Map 037027) (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.
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.
027949
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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 18th day of November, 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED: November 10, 2008
Yv3eAg
Assistant City Attorney
For City Attorney
CITY 0 CORPUS CHRISTI
my Garre
Mayor, City
f Corpus Christi
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Page 3 of 3
Corpus Christi, Texas
day of
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,
H-nry Garre
Mayor, City
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr. lstI
Mike Rummell •_�u.
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
027949
C:\DOCUM E-1 \YvetteA\LOCALS-1 \Temp\ORD-zon ing l 008-02-Comstock-RE.doc
f Corpus Christi
EFFECTIVE DATE
II
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T -1C
TRAIL BLAZER ADD
F -R
0
0
TRAIL BLAZER ADD
F -R
R -1B
YORKT • HE 'e HTS ANNEA
From: "FR"
To: "RE"
0
400
1-3
11R17/71108
Pnpe/H 6y: BAR
Depolment el OeHIopment SYY1.O
CASE # 1008-02
REQUESTED CITY COUNCIL ACTION
EXHIBIT A
From: "FR"
To: "RE"
ORDINANCE:
2.00 Acre Tract
September 23, 2008
Job No. 37735.00.00
State of Texas
County of Nueces
Fieldnotes for a 2.00 acre tract of land (not based on an on -the -ground survey) out of Lot 33,
Section 52, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume
A, Pages 41-43, Map Records of Nueces County, Texas; said 2.00 acre tract being more fully
described by metes and bounds as follows:
Beginning on the centerline of Waldron Road, a 40 foot wide public roadway, for the
northwest corner of this tract, from which corner the southwest corner of Lot 17, said Section 52 and
the northwest comer of said Lot 33 bears North 28°58'00" East, a distance of 1150.05 feet;
Thence, South 62°41'55" East, along the northeast boundary of this tract, a distance of
160.23 feet for a comer of this tract;
Thence, South 75°28'49" East, continuing along the northeast boundary of this tract, a
distance of 128.63 feet for a corner of this tract;
Thence, North 89°42' 12" East, along the northeast boundary of this survey, a distance of
152.16 feet for a comer of this tract;
Thence, South 74°59'26" East, continuing along the northeast boundary of this tract, a
distance of 197.55 feet for the northeast corner of this tract;
Thence, South 28°53' 12" West, along the southeast boundary of this tract, a distance of
237.87 feet for the southeast corner of this tract;
Thence, North 61 °06'48" West, along the southwest boundary of this tract, a distance of
609.44 feet to a point on the centerline of' said Waldron Road, for the southwest corner of this tract;
Thence, North 28°55'00" East, along the centerline of said Waldron Road, a distance of
79.95 feet to the Point of Beginning and containing 2.000 Acres (87,120.58 Square Feet) of land.
Bearings are based on the recorded plat of Lot 5, Yorktown Heights Annex, a map of which
is recorded in Volume of which is recorded in Volume 39, Page 107, Map Records of Nueces County,
Texas.
Unless this Field Notes Description, including preamble, seal and signature, appears in its
original form, surveyor assumes no responsibility or liability for its accuracy.
Urban Engineerin
Dan L. Urban, R.P.L.S.
License No. 4710
(361)854-3101 2725 SWANTNER DR. ° CORPUS CHRISTI,TEXAS 78404 FAX (361)854-6001
S:\Surveying\37735\0000\2acres.doc www.urbaneng.com Page 1 of 1
4o f-
02
\ \ P v‘L'O
YORKTOWN
SITE
LOCATIoN`MAP N.LS
Lot 17, Section 52
Flour Bluff and Encinal Form
and Gorden Trocts
Volume A, Pgs, 41-43, M.R.N.C.T.
0
0
O
WIg7E-EY
300 200 100 0 200 400
■ • •
Lot 33, Section 52
Flour Bluff and Enclnol Form
and Gorden Trocts
Volume A. Pgs. 41-43, M.R.N.C.T.
N89'42' 12'E
R S75'28'491 152.16'
128.63'
96241'55tcx160.23'
Wac Paint of
Beginning
Line
S74'59'26'E
x197.55'
Total Acreage
2.000 Acres, 87.120.58 Sq.Ft.
N61'06'48"W 609.44'
L
P�IIC S9ALE
1 =200
Lot 32, Section 52
Flour Bluff and Encinal Farm
and Gorden Trocts
Volume A. Pgs. 41-43, M.R.N.C.T.
50' Rood ROW Ns.
`S0' Waterline Easement
Exhibit B
Map to Accompany
FIELDNOTES for a 2.00 acre tract of land out of
Lot 33, Section 52. Flour Bluff and Encinol Form
and Garden Tracts, o map of which is recorded
in Volume A, Pages 41-43, Map Records of
Nueces County, Texas.
Lot 1, Block 1, Barney M. Dohs
Volume 37, Page 88, Mop Records
of Num** County, Texas
DATE: SEP. 23. 2008
SCALE 1%•200'
ENGINEERING
SHEET *: ".®
nas shim cans awn Olf 7801
peosewier moss -vest DRAWN BY: DL
02008 by Urban Engineering
/0011--,e2-
State of Texas
County of Nueces
PUBLISHER'S AFFIDAVIT
a.Ig�F
} CITY OF CORPUS CHRISTI
} Ad # 5883547
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 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
1
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02794 which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
11/24/2008,11/24/2008.
$ 131.67
\, 1
LEG 1 ; S RE'RESENTIVE
2Time(s)
��/�,,
On this6 day o jjNAOIA .�
is a true and an exact copy ma
GWENN J. MEDINA
MY COMMISSION EXPIRES
August 2, 2012
1
I certify that the attached document
y . ublisher.
Pub c, State of Texas
CALLER= DIMES • November 24, 2008 • Monday • 5F
Legal Notices 1110
NOTICE OF
PASSAGE OF
ORDINANCE
NO. 027949, Amend-
ing the Zoning
Ordinance, upon appli-
cation by Jason and
Kim Comstock, by
changing the Zoning
Map in reference to a
two acre tract of land
out of Lot 33, Section
52, Flour Bluff and En-
cinal Farm and
Garden Tracts, from
"F -R" Farm Rural Dis-
trict to"R E"
Residential Estate Dis-
trict, amending the
Comprehensive Plan
to account for any de-
viations from the
existing Comprehen-
sive Plan; providing a
repealer clause; pro-
viding a penalty;
providing for publica-
tion. This ordinance
was passed and ap-
proved by the City
Council of the City of
Corpus Christi on No-
vember 18, 2008.
/s/ Armando Chapa
City Secretary
City of Corpus Christi
State of Texas
County of Nueces
)
)
PUBLISHER'S AFFIDAVIT
algL[3g
CITY OF CORPUS CHRISTI
Ad # 5881096
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 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 PUBLIC HEARING TO CON SIDER ZO which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
11/3/2008, 11/3/2008.
$ 201.51
1Time(s)
On this ( day of 2_j certify that the attached document
is a true and an exact copy made by pubhsher.
N+tary Public, State of Texas
CALLER TIMES • November 3, 2008 • Monday • 5F
NOTICE OF PUBLIC
HEARING TO CON-
SIDER ZONING
APPLICATION(S) OF
THE CITY OF COR-
PUS CHRISTI
Notice is hereby given
in accordance with the
law that the City Coun-
cil of the City of
Corpus Christi will
conduct a public hear-
ing on. Tuesday,
November 18, 2008
during a regular Coun-
cil meeting which
commences at 10:00
a.m. In the City Coun-
cilChambers, City
Half, 1201 Leopard, to
consider the following
zoning applications)
of which said applica-
tion(s) are on file in the
Office of the City Sec-
retary -and the
DepartmentofPlan-
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 at the
hearing are as follows:
1. 1008-02, Jason
and Klm Comstock:
From a "F -R" Farm -
District to a "RE" Resi-
dential Estate District -
Located on the east
side of Waldron Road
approximately one-half
mile south of Yorktown
Boulevard.
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