HomeMy WebLinkAbout031731 ORD - 04/09/2019 Case No. 0219-03 Mostaghasi Investment Trust: Ordinance rezoning
property at or near 3502 County Road 7B from the "FR" Farm Rural
District and the "CG-2" General Commercial District to the "RS-6"
Single-Family 6 District
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application of Mostaghasi Investment Trust
("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code
("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held on
Wednesday, February 20, 2019, during a meeting of the Planning Commission. The
Planning Commission recommended approval of the change of zoning from the "FR"
Farm Rural District and the "CG-2" General Commercial District to the "RS-6" Single-
Family 6 District and on Tuesday, March 26, 2019, during a meeting of the City Council,
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 the public health, necessity, convenience and general welfare of the City of Corpus
Christi and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Upon application made by Mostaghasi Investment Trust ("Owner"), the
Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is
amended by changing the zoning on a property described as being 24.750 acre tract of
land, recorded under document No. 2014022918, Official Public Records Nueces County,
Texas, being a portion out of Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm
and Garden Tracts, as shown by map or plat thereof recorded in Volume A, Pages 41,
42, and 43 in the Map Records Nueces County, Texas, and being all of a 11.640 acre
tract of land, recorded under document No. 013053250, Official Public Records of Nueces
County, Texas, being a portion out of Lots 20 and 21; Lots 26 and 27, Section 26, Flour
Bluff and Encinal Farm and Garden Tracts, as shown by map or plat thereof recorded in
Volume A, Pages 41, 42, and 43 in the Map Records of Nueces County, Texas, located
on the east side of County Road 7B, south of Brooke Road, and north of Slough Road
(the "Property"), from the "FR" Farm Rural District and the "CG-2" General Commercial
District to the "RS-6" Single-Family 6 District (Zoning Map No. 041031), as shown in
Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and
Exhibit B, which is a map to accompany the metes and bounds, are attached to and
incorporated in this ordinance by reference as if fully set out herein in their entireties.
SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes
made to the UDC by Section 1 of this ordinance.
SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1, 2011, and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect.
031731 SCANNED
SECTION 4. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of
the Property and that are in conflict with this ordinance are hereby expressly repealed.
SECTION 6. Publication shall be made in the City's official publication as required by the
City's Charter.
K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0219-03 Mostaghasi Investment Trust (Ct Rd 7B)\Council
Documents\Ordinance_0219-03 Mostaghasi Investment Trust.docx
Page 2 of 5
That the foregoing ordinance was read for the first time and passed to its second reading on this
the iCF-1`�ay of`"(1taXC.IL; 2019, by the following vote:
Joe McComb Michael Hunter a
Roland Barrera a 4 Ben Molina A 4
Rudy Garza Everett Roy Ltr
Paulette M. Guajardo 11*,, Greg Smith (Lt.-
nn
Gil Hernandez `�
That thenforegoing ordinance was read for the second time and passed finally on this the (#1v
day of I t vi 2019, by the following vote:
Joe McComb 111•A: Michael Hunter / 1
Roland Barrera i ai Ben Molina I .1 l
Rudy Garza 4.1 Everett Roy i.�:
Paulette M. Guajardo lit Greg Smith
1:4
Gil Hernandez `.`!'d
1 .
I
qday
PASSED AND APPROVED on this the of440--CL , 2019.
ATTEST:
" 1 IF-Le_447--- 4.1 Re cca Huerta o- McComb
City Secretary M.yor
EFFECTIVE DATE
&+ 15 Il
•
• .117.31
Page 3 of 5
Exhibit A
ARTURO MEDINA.RPLS. PHorr 436111333-6317
FIRM RIGISTRATION* 10194360
AM LAND SURVEYING
P.O. Box 71094
Corpus Christi, TX 78467
Field Note Description
October 15,2018
Being an of a 4.750 acre tract of land,recorded under document No.2014022918.Official Public Records Nueces
County,Texas.being a portion out of Lots 20 and 21,Section 26.Flour Bluff and Encinal Farm and Garden Tracts,
as shown by map or plat thereof recorded in Volume A,Pages 41.42.and 43 in the Map Records Nueoes County.
Texas,and being all of a 11.640 acre tract of laid.recorded under document No.2013053250.Official Public
Records of Nueoes County.Texas,being a portion ort of Lots 20 and 21;Lots 26 and 27,Section 28,Flour Bluff and
Encinal Farm and Garden Tracts,as shown by map or plat thereof recorded in Volume A.Pages 41,42.and 43 in the
Map Records ci Nueces County,Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a 518 nch iron rod with a red plastic cap marking"RVE"found in the common boundary line of Lot 25
and Lot 26.Section 26,Flour Bluff and Encinal Farm and Garden Tracts,being the east most corner of Lot 7.Block 4,
LEGENDS OF DIAMANTE UNIT 1,as shown by map or plat thereof recorded in Volume 66.Page 95, in the Map
Records ci Nueoes County,Texas.said point being the southwest most corner of this tract
THENCE North 81.14'3T West with the northeast boundary line of LEGENDS OF DIAMANTE UNIT 1.a passing
distance ct 808.04 feet to a found 51 inch iron rod with a red plastic cap marking"RVE".being the north most corner
of Lot 11.Block 2.LEGENDS OF DIAMANTE UNIT 1.a passing distance of 972.01 feet to a found 518 inch iron rod
with a red plastic cap marking•RVE.being the east most comer of Lot 28.Block 5.LEGENDS OF DIAMANTE UNIT
2.as shown by map or plat thereof recorded in Volume 67,Page 322.in the Map Records of Nueces County.Texas.
a total distance of 1320.10 feet to a 518 inch iron rod found in the corrrnon boundary line of Lot 27 and Lot 28.Section
28.Flour Bluff and Encinal Farm and Garden Tracts,being the west corner of this tract
THENCE North 28°45'23"East with the common boundary line of Lots 27.28 and Lots 19.20.Section 28.Flour Bluff
and Encinal Farm and Garden Tracts,and parallel with a 30 foot Right-Of-Way Easement recorded in Volume 1548.
Page 948.Deed Records Nueces County.Texas.a distance of 384.13 feet to a 5/8 inch iron rod set with a green plastic
cap marking"AM LAND SURVEYING'.being the west most corner of a 8.0 acre tract of land recorded under document
No.942299.Official Public Records Nueces County.Texas,said point be an exterior corner of this tract
THENCE South 81`14.37"East with the southwest boundary of the 8.0 acres,a passing distance of 30.00 feet to a 5/8
inch iron rod found with a yellow plastic cap marking "BASS &WELSH', being the east Right-Of-Way of the
aforementioned 30 foot easement,a total distance of 538.28 feet to a 5/8 inch iron rod found with a yellow plastic cap
marking'BASS&WELSH-.being the west most corner of the 4.750 acres and being an interior corner of this tract;
THENCE North 28°45'23"East with the west most boundary line of the 4.750 acres,a distance of 284.00 feet to a 518
inch iron rod found with a yellow plastic cap marking'BASS&WELSH'being in the south boundary line of a 0.50 acre
tract of land recorded under docurnent No.2015044451.Official Public Records of Nueces County.Texas.said point
being the north most corner of this tract
THENCE South 61°141T East a distance of 783.82 feet to a 518 inch iron rod found in the west boundary fele of a
76.093 acre tract recorded under doament No.2013003716.Official Public Records of Nueoes County.Texas.same
point being in the cannon boundary line of Lot 21 and Lot 22.Section 28,Flour Buff and Encinal Farm and Garden
Tracts.being the south most corner a 0.564 acre tract of land recorded under document No.2015006753.Official
Public records of Nueoes County.Texas.said point being the east most corner of this tract
THENCE South 28°4523'West with the common boundary line of Lot 21 and Lot 22. Section 25, Flow Bluff and
Encinal Farm and Garden Tracts,same being the west boundary line of the 78.093 acres,a passing distance of 284.00
feet to a 5/8 inch iron rod fand,being the south most corner of the 4.750 acres,a total distance of_•t...13 feet to the
POINT OF BEGINNING,forming a tract embracing 713.813 square feet(16.387 acres). OF lt'
y�P,EGiW -yam
• ARTURO MEDINA •
'•., 6669
Note:Beatings are State Lamt'
.Lambert Grid.South Zone,NAD.1983. 9 551 '
1E08.3-Piet rate Desor doc
EXHIBIT "A" -
Page 2 a12 ARTURO MEDINA
REGISTERED PROFESSIONAL LAND SURVEYOR 6669
Page 4 of 5
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Caller Times PURCHASING
PART OF THE USA TODAY NETWORK BM 11�f 9 �!f
Certificate of NOTICE OF PUBLIC HEARING 2919 MR 25 MI 10' it 1
Publication TO CONSIDER RE-ZONING
APPLICATION(S)IN THE CITY
OF CORPUS CHRISTI
In Matter of Publication of: Notice is hereby given that
the Corpus Christi City Coun-
cil will conduct a public hear-
ing on March 26,2019 during
a regular Council meeting
which commences at 11:30
a.m.in the Council Chambers,
City Hall,1201 Leopard Street,
CORPUS CHRISTI to consider the following zon-
CITY OF CORPUS CHRISTI ing application(s) which is/
are on file in the Department
PO BOX 9277 of Development Services. At
said time& place of hearing,
CORPUS CHRISTI,TX 78469-9277 persons & parties interested
may appear before the City
Council:
Case No. 0219-02 HCS 311,
LLC: Request for rezoning a
property at or near 1401 North
Alameda Street from the"RM-
1"Multifamily 1 District to the
State of Wisconsin) "IL"Light Industrial District.
Case No.0219-03 Mostaghasi
))§ Investment Trust:Request for
County of Brown) rezoning property at or near
3502 County Road 7B from
the "FR" Farm Rural District
I,being first duly sworn,upon oath depose and say that I am a legal and the"CG-2"General Corm
clerk and employee of the publisher, namely, the Corpus Christi mercial District to the"RS-6"
Caller-Times, a daily newspaper published at Corpus Christi in iCasel -oFa.r 9 04iSCCBH,LLC:
said City and State, generally circulated in Aransas, Bee, Brooks, Request for rezoning prop-
Duval, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San erty at or near 213 Kleberg
Patricio, Counties, and that the publication of which the annexedxed tily i
fromTthe"Ric A " Mh-
o
is a true copy, was inserted in the Corpus Christi Caller-Times on "CR-1" Resort Commercial
the following dates: District.
/s/ Rebecca Huerta
City Secretary
March 10,2019
NOTICE OF PUBLIC HEARING
TO CONSIDER RE-ZONING
APPLICATION(S)IN THE CITY
OF CORPUS CHRISTI
C er Notice is hereby given that
the Corpus Christi City Coun-
cil will conduct a public hear-
On this March 11, 2019, I certi that the attached document is a ing on March 26, 2019 during
true and exact copy made !Toy publisher. a regular Council meeting
which commences at 11:30
a.m.in the Council Chambers,
04\fb tcti
_P
61City Hall,1201 Leopard Street,
—1// to considereet
the following zon-
ing ing application(s) which is/
on file in the De
Notary Public,State of 0V sconsin, C my of Brown ofeDevelopment Services.ent At
said time & place of hearing,
oparties
nCity
may appear before the C
Council:
Case No. 0219-02 HCS 311,
LLC: Request for rezoning a
property at or near 1401 North
Alameda Street from the"RM-
1"Multifamily 1 District to the
\\� hIndustrial District.
GKY iiF-4, //',, Case"IL" Not 0219-03 Mostaghasi
\. J . ''� Investment Trust:Request for
rezoning property at or near
\AOTARk — 3502 County Road 7B from
—�— _ the "FR" Farm Rural District
and the "CG-2" General Corn-
-
= co.•. PUBL\C, 2 i mercial District to the"RS-6"
•. Single-Family 6 District.
yi..'• •.•',c;',.. Case No.0219-04 SCCBH,LLC:
Request for rezoning prop-
/ //��OFIII�IIIIsG\O\\\\\\` Placat or e from near
213 the M ATM Kleberg
Ad#:2245746 tifamily AT District to the
P.O.: "CR-1" Resort Commercial
#of Affidavits: 0 District.
/s/ Rebecca Huerta
City Secretary
CallerTimes_
PART OF THE USA TODAY NETWORK
Certificate of
Publication NOTICE OF PASSAGE OF
NOTICE OF PASSAGE OF ORDINANCE(S)
ORDINANCE(S) N O.03 1 7 3 1, Ordinance
N 0.031731, Ordinance rezoning property at or near
rezoning property at or near 3502 County Road 7B from the
3502 County Road 7B from the "FR" Farm Rural District
CITY OF CORPUS CHRIS TI "FR" Farm Rural District and the "CG-2" General
PO BOX 9277 and the "CG-2" General Commercial District to the
Commercial District to the "RS-6" Single-Family 6
"RS-6" Single-Family 6 District;
CORPUS CHRISTI,TX 78469--927 District; NO.031 732, Ordinance
N 0.031732, Ordinance rezoning property at or near
rezoning property at or near 213 Kleberg Place from the
213 Kleberg Place from the "RM-AT" Multifamily AT
"RM-AT" Multifamily AT District to the "CR-1" Resort
STATE OF WISCONSIN) District to the "CR-1" Resort Commercial District;
)) Commercial District; NO.031733, Ordinance amend-
COUNTY OF BROWN) NO.031733, Ordinance amend- ing the Unified Development
Mg the Unified Development Code regarding specific stand-
Code regarding specific stand- ards relating to bars, taverns
I,being first duly sworn,upon oath depose and say that I arils relating to bars, taverns or pubs. These ordinances
am a legal clerk and employee of the publisher,namely,the or pubs. These ordinances were passed and approved on
were passed and approved on second reading by the Corpus
Corpus Christi Caller-Times,a daily newspaper published second reading by the Corpus
at Corpus Christi in said City and State,generally circulated Christi City Council on April Christi City Council on April
9,2019. 9,2019.
in Aransas,Bee,Brooks,Duval,Jim Hogg,Jim Wells, is/Rebecca Huerta /5/Rebecca Huerta
Kleberg,Live Oak,Nueces,Refugio,and San Patricio, City Secretary City Secretary
Counties,and that the publication of which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
on the following dates:
April 15,2019
On this April 15,2019,I certify that the attached document is
a true and exact copy made by the publisher:
Legal Notice Clerk
Notary Public,S . e of Wisc/'i;f ounty of Brown
11,1 '114
Notary Expires
\���� l u u u l r rrr,,��
1,OUA Yq
Publication Cost:$150.50
Ad No:0003496834 O TA R l-
Customer No: 1243917 — • _
PO#: 3496834 N 1UBL\G
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