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Home My WebLink About028269 ORD - 08/18/2009Page 1 of 4 ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF CORPUS CHRISTI IN REFERENCE TO NEWLY ANNEXED PROPERTY OWNED BY THE VETERANS' LAND BOARD OF THE STATE OF TEXAS, LOCATED AT THE INTERSECTION OF CARBON PLANT ROAD AND THE INTERSTATE HIGHWAY 37 EAST SERVICE ROAD, AS A "F -R" FARM -RURAL DISTRICT; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERENCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, under Section 31-1, Corpus Christi Zoning Ordinance, all territory annexed to the City of Corpus Christi, Texas, shall be zoned after a notice is published at least one time in a newspaper of general circulation before the 15th day before the date of the hearing; WHEREAS, unless the determination is made that a zoning district classification other than "F -R" Farm -Rural District is in conformity with the Comprehensive Plan and that adequate public services are available, the territory must be zoned "F -R" Farm -Rural District; WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation concerning the amendment to the zoning map of the City of Corpus Christi for property, owned by the Veterans' Land Board of the State of Texas, that has been annexed into the City; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 10, 2009, during a meeting of the Planning Commission, and on Tuesday, August 18, 2009, 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 Map of the City of Corpus Christi, Texas, is amended by designating the zoning of property owned by the Veteran's Land Board of the State of Texas, which is located at the intersection of Carbon Plant Road and the Interstate Highway 37 Access Road, and which is described in Exhibit A, which is attached to and incorporated into this ordinances, as a "F -R" Farm -Rural District. Q28269 Vet Cemetary Zoning 08042009.docVET CEMETARY ZONING 08042009.DOC Page 2'of 4 SECTION 2. That the Corpus Christi Zoning Ordinance and Zoning Map, approved on the 27th day of August, 1973, 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 3. That to the extent that this amendment to the Corpus Christi Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. if for any reason any section, paragraph, subdivision, clause, phrase, word orp rovision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent Jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the gra p definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6 A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35-3, Corpus Christi Zoning Ordinance. SECTION 7. 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(2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect uponreading first as an emergency measure on this the 18th day of August, 2009. ATTEST: Armando Chapa City Secretary Vet Cemetery Zoning 08042009VET CEMETERY ZONING 08042009 CITY OF CORPUS CHRISTI Joe Mame Mayor Page 3'of 4 APPROVED: August 4, 2009 R. JaeiWng First Assistant City Attorney For City Attorney Vet Cemetery Zoning 08042009VET CEMETERY ZONING 08042009 Corpus Christi, Texas day of , 2009 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. Page 4 of 4 Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez AAI' f Mark Scott -*F- 028269 Vet Cemetery Zoning 08042009VET CEMETERY ZONING 08042009 EFFECTIVE DATE a nog EXHIBIT A METES AND BOUNDS Being 54.837 acres of land, more or Tess out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces Count, Texas, and out of a 34.19 acre tract recorded in Volume, 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A-857, and Pedro Hinojosa Survey, A-850, and this 54.837 acre tract being more particularly described by metes and bounds as follows: Beginning at a found 5/8 -inch iron rod for the southeast corner of this tract and g g said 34.19 acre tract, said corner also being the southwest corner of a 1.17 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and said corner being on the north right —of -way line of Interstate Highway 37; Thence N 59-22-23 W with the south boundary of this tract and said 34.19 acre tract, the same being the north right-of-way line of I.H. 37, 67.14 feet, to a found broken concrete monument for a corner of this tract; Thence N 57-04-52 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right—of-way line of I.H. 37, 1499.83 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 53-29-10 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right-of-way line of 1.H. 37, 400.92 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 47-18-22 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right-of-way line of 1.H. 37, 256.03 feet, to the southwest corner of this tract, the same being the southeast corner of said 2.158 acre tract and said corner being the intersection of the north right-of- way line of 1.H. 37 with the proposed east right-of-way line of the Joe Fulton Trade Corridor; Thence N 15-54-24 W with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right-of-way line of the Joe Fulton Trade r Corridor, at 1.21 feet pass a found TxDot concrete monument with a brass disk, in all 138.00 feet to a found TxDOT concrete monument with a brass disk for a corner of this tract, A-1 Vet Cemetery Zoning 08042009VET CEMETERY ZONING 08042009 Thence N 08-52-34 E with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right-of-way line of the Joe Fulton Trade Corridor, 120.00 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 65-11-10 E with the west boundary of this tract and the proposed east right-of-way line of the Joe Fulton Trade Corridor and entering said 2.158 acre tract, 72.11 feet, to a found TxDot concrete monument with a brass disk for an inside corner of this tract, said corner being on the east boundary of said 2.158 acre tract; Thence N 05-25-57 E with the west boundary of this tract and the proposed east right-of-way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19 g Y acre tract and enter said 40 acre tract, at 293.33 feet leave said 40 acre tract and enter said 54.91 acre tract, in all 317.17 feet, to set 5/8 -inch iron rod with cap for the northwest corner of this tract; Thence S 88-44-26 E with the north boundary of this tract, at 820.80 feet leave said 54.91 acre tract and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8 -inch iron rod with cap for the north corner of this tract; Thence S 34-47-58 E with the north boundary of this tract, 1186.18 feet, to a set 5/8 -inch iron rod with cap for the northeast corner of this tract; Thence S 20-59-39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8 -inch iron rod being the northwest corner of said 1.17 acre tract the same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to thep oint of beginning and containing 54.837 acres of land, more or less. Note: Bearing are State Plane Grid bearings A-2 Vet Cemetery Zoning 08042009VET CEMETERY ZONING 08042009 State of Texas County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5912686 PO # Before me, the undersigned, a NotaryPublic, this day personally came duly JENNIFER HOBBS, who beingfirst sworn, according to law, says that she LEGAL SALES REP isRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, Christi Caller Times, a daily newspaper published at namely, the Corpus Chi Corpus Christi in saidState, Cityand generally circulated in Aransas, Bee, s Brooks, Duval, Jim Hogg, Jim Wells Karnes, Kenedy, Kleberg, Live Oak, ricin Victoria and Webb Counties, and Refugio, San Pat that the`ig o publication of, NDTICE OF PUBLIC HEARING TO CON SIDER ZO which the isinserted in the Corpus Christi Caller -Times on the annexed a true copy, was � 8/3/2009, 8/5j2009. $ 224.79 ?Time(s) R On this l day of is a true and an exact copy -4 rlade by p lisher. LEGAL `! s REPRESE TIVE rtify that the attached document ,' �"'�`:.''•� WENN J. MED NA a ■ MY COMMISSION EXPIRES August 2, 2012 Notry Public, State of Texas 9-2,m9 6E »» August 3, 2009 3, CALLERTilviES NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S).`l OF THE C CORPUS CHRISTI Notice is hereby giv- en in accordance with the law that the City Council of the. City of Corpus Christi will conduct a public hearing on August 18, 2009 during a regular Council meet - i ng which commences at 12:00 p.m.• in the City Council Chambers, City Hall, 1201 Leop- ard, to consider the following zoning ap- plication(s) of which said applicati.vn(s) are on file - in the Of- fice of the City Secretary and. the Department of Plan- 1 ning. At said time and place of hearing, all persons and: par- ties interested may appear before the City Council. The zoning applications to- be considered the hearing are as follows: 1. 0609-01, Scott El- IisonlCari Howard: From a "F -R" Farm Rural District Island o a "B-2A' Barrier -Is Business District Located :between Mustang Island State Park and ,Packery Channel.:::: 2. CQ609-02 City of hristi: Newlyannexed land to a "F -R" Farm Rural District from .Vacant ; to Agricultural land use on 54.837: apses of land _, Information : may be l 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 } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5915239 PO # Before me, undersigned, undersignedf a Notary Public, this day personally came JENNIFER duly HOBBS,who beingfirst 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 Cityand State, generally circulated in Aransas, Bee, Brooks, Duval, J im Hogg,Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricia Victoria and Webb Counties, and that the 0g,48.2b9P �lo, publication of, NOTICE OF PASSAGE OF .ORDINANCES NO. _ hich the annexed is a true copy,was inserted in the Corpus Christi Caller -Times on the 8/24/2009, 8/24/2009. $ 175.32 1Time(s) LE REPRESENTIVE On this cA��'" "day of��2 NI/certify certify that the attached document is a true and an exact cop ade by p A'Wisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 Notary Public, State of Texas CALLER TIMES « August 24, 2009 « 5E legal Notices 1110 NOTICE OF PASSAGE OF ORDINANCES NO. 028269, Amend- ing the Zoning Map of the City of Corpus Christi in reference to newly annexed prop- erty owned by the Veterans' Land Board of the State of Texas, located at the intersection of Car- bon arbon Plant Road and the Interstate Hip - way 37 East Service Road, as a "F -R" Farm -Rural District; and NO, 028270, amending the Zoning Ordinance, upon ap- plication byScott Ellison and -arl Ho- ward, by changing :the Zoning Map in reference to :12.25 acres out of .12.95 acre tract of land out of the William Bryan Survey, A-46, from "F -R" Farm. Rural District to "B -2R' Bar- rier Island Business District; amending the . Comprehensive Plan to account for 'any deviations from ,Ithe existing Compre- hensive Plan; providing a repealer clause; providing a penalty; providing for publication. These ordinances were passed and approved by the City Council of the City of Corpus Christi on August 18, 2009. Is! Armando Chapa City Secretary City of Corpus Christi t o1g29