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HomeMy WebLinkAbout025033 ORD - 09/24/2002 Page 1 of 3 . AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAGHASI INVESTMENT TRUST, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK 1, AIRLINE SUBDIVISION UNIT 3, FROM "F-R" FARM-RURAL DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON AREA 2 AND TO "R-2" MULTIPLE DWELLING DISTRICT ON AREA 1; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Mostaghasi Investment Trust 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, July 31,2002, during a meeting of the Planning Commission, and on Tuesday, September 24, 2002, 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 Lot 1, Block 1, Airline Subdivision Unit 3, located on the east side of Airline Road near its intersection with Cimarron Blvd., from "F-R" Farm-Rural District to "B-1" Neighborhood Business District on Area 2 and to "R-2" Multiple Dwelling District on Area 1. A metes and bounds description of each Area is attached as 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. IlLEGAL lLAWlLEG-DIRIDoyleDCurtisIMYDOCS\2002\P&ZORD02\Zoning,ordIDOYLEC\2002\Z070201 B.Mostaghasi, Ord,PC,doc 025033 Page 2 of 3 , SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) 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 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 24TH day of September, 2002. ATTEST- Arma~4-- City Secretary Samuel L. eal, Jr. Mayor, The City of Corpus C APPROVED AS TO LEGAL FORM 15 August, 2002 ~ By: Doyle D urtis Senior ,6;ssistant City Attorney IlLEGAL lLAWlLEG-DIRIDoyleDCurtisIMYDOCS\2002\P&ZORD02\Zoning,ordIDOYLEC\2002\Z070201 B, Moslaghasi.Ord, PC,doc Page 3 of 3 Corpus Christi, exas ~YOf 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, Samuel L. eal, Jr. Mayor, The City of Corpus Ch Isti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott IlLEGAL lLAWlLEG.DIRIDoyleDCurtisIMYDOCSI2002IP&ZORD02IZoning,ordIDOYLEC120021Z070201 B,Mostaghasi,Ord,PC,doc D25033 MURRAY BA.., .JR., P.E.. R.P.L.S. NIXON M. WEL.H, P.E., R.P.L.S. 3054 S. ALAMEDA PH. 38 t 882.552 t FAX 3f11 882-' 2f111 E.MAIL: murrayjr@aol.com E.MAIL: nixmw@aol.com BASS Be: WELSH ENGINEERING p.o. Box 8387 CORru. CHRI.TI, TEXA. 78466.6387 PROPOSED AS ZONING ('J R2, t\ A,.~ I June 5, 2002 02044.MB2 STATE OF TEXAS ) COUNTY OF NUECES } . Description of a 1.642 acre tract of land, more or less, a portion of lot 1, Block 1, Airline Subdivision Unit 3, a map of which is recorded in Volume 46, Page 159, Map Records, Nueces County, Texas, said 1.642 acre tract of land as further described by metes and bounds as follows: Starting at a point in the east right-of-way line of Airline Road for the northemmost comer of said lot 1; thence SSO"54'30"E 535.05' along the northeast boundary line of said lot 1 to the POINT OF BEGINNING and northernmost comer of the tract herein described; Thence SSO"54'30"E along said northeast boundary line of lot 1 a distance of 515.60' tD a point for the easternmost comer of said lot 1 and easternmost comer of the tract herein described; Thence S29"OO'OO"W 139.02' to a point for the southernmost comer of said lot 1 and southernmost corner of the tract herein described; Thence N60"49'45"W 515.83' along a southwest boundary line of said lot 1 to a point for the westernmost comer of the tract herein described; Thence N29"05'30"E 138.31' to the POINT OF BEGINNING. a sketch showing said 1.642 acre tract of land being attached hereto as exhibit "B". NMW:ngo Exhibit A (Page 1 of 2) MURRAY BASS. .JR.. P.E., R.P.L.S. . NIXON M. WIELSH. P.E.. R.RL.S. 3054 S. ALAMEDA PH. 361 882-51521 FAX 361 882.1265 E-MAIL~murrayjr@aol.com E.MAIL: nixmw@aol.com BASS Be WELSH ENGINEERING P.o. Box 63&7 COItr-us CHItISTI, TEXAS 78466.6397 A,..~<<. :( PROPOSED B-1 ZONING June 5, 2002 02044.MB STATE OF TEXAS } COUNTY OF NUECES } Description of a 1.627 acre tract of land, more or less, a portion of Lot 1, Block 1: Airline Subdivision Unit 3, a map of which is recorded in Volume 46, Page 159, Map Records, Nueces County, Texas, said 1.627 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the east right-of-way line of Airline Road for the northernmost comer of said Lot 1 and northernmost corner of the tract herein described; Thence S60"54'30"E 535.05' along the northeast boundary line of said Lot 1 to a point for the easternmost comer of the tract herein described; Thence S29"05'3O"W 138.31' to a point in a southwest boundary line of said Lot 1 for the southeast or southemmost comer of the tract herein described; Thence along said southwest boundary line of Lot 1 N60"49'45"W 75.36' to a point for interior southeasterly comer of the tract herein described and interior south central comer of said Lot 1; Thence along a south central boundary line of said Lot 1 S29"05'30"W 7.12' to a pDint for central southerly comer of said Lot 1 and southeasterly comer of the tract herein described; Thence along a southwesterly boundary line of said LoI1 N60"OO'50"W 389.63' to a pOint in said east right-of-way line of Airline Road for the most southerly west corner of the tract herein described and of said Lot 1; Thence N02"29'OO"E 156.49' along said east right-Df-way line of Airline Road to the POINT OF BEGINNING, a sketch showing said 1.627 acre tract of land being attached hereto as Exhibit "B'. NMW:ngo Exhibit A (Page 2 of 2) /"" ~. , C\. ~,/' /,/' /",,' '1,\ 4J-...c \~1 J~ i\ o I ~ Sc;p e-WW 7 ~ '" -~ S~ ~ . ...:~ l:il!! ...J<r: j ~A ~p"'t f-C D f!.-'Y ~ ~ $29 0Il'0Il'1I 139.Gl!' / I i SKETCH TO ACCOMPANY METES 8c BOUNDS DESCRIPTION 1.._ EXHIBIT 'B' IMO . w:uH -... -_tlC ClIP. __ ..._- ItM.O .. . *' I'UIT SCOU> _ I'UIT Mm _ SHEET I IlFI PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } \ ) ss: CITY OF CORPUS CHRISTI Ad # 4306049 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of 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 which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 9TH day(s) of SEPTEMBER, 2002. $198.22 bLC1flO.- (fj iutFJO.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of SEPTEMBER 10,2002. ~- Gm4 ~~/).-- Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public , .' My commission expires on 04/23/05. ~..- !.fYln ~. DGJJ~" c ~ <DV'&, () ~bO 33 Grant~ DIJIU~ j. t--ff~( - Ort.O~J)03tf Monday, SePtember 9, 2002 NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLlCATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given In accordance with the law that the City Council, of the City of Corpus Christi will conduct a public hearing on Tuesday, September 24, 2002, during a 'regular Council meeting which commences at 2;00 p.m. in the City Council Chambers, City HaU, 1201 Leaps-rd, to consider the following zoning application(s) of which said applications are on file in the Office of, the City Secretary and the Department 01 Planning. At said time and place of hearing, all persons an~ ~~ interested may _~I bofore the CIty Council. The Z 0 n i n-S;: appIicotIon($) to be, considered at the hearing are 88 foRows: ,. 0702-0', Mootag,-i Investment Trust: "F.' R" Farm-Rural District to 'B." Neiahborhood Business I5latrict on Area 1 and "AS" Professional Office District on Area 2*located on the east side of' Airline Road and south at Cimarron Road.. . '0702-02, David ,L,. Gront dba ILLUSIONS: "R.1S" One-Family Dwelling District to "AB" Professional Office District"Located on the southeast side of Gertie Street and Robert Drive intersection. . 0702-03. Amok:l and Doris Hill: "R-lB" One. Family Dwelllng District 10"8-1" Neighborhood Business District"located on the north side of Sacky Drive; approximately 300 feot _ 01 Ayers Street. nformation may be oblained by cailigg the Planning Department at 880-3560 or visiting th.e' Planning D4!partinent at 1201 '-"-'" S_. /sI Annando Chapa City Secretary PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 4325619 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of 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 ORDINANCE(S): which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 30TH day(s) of SEPTEMBER. 2002. Ov~t. Nfr:J. O~6o&3 ~ O^f)03~ $101.11 bLC1flO.- (fj iuo-;P.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of OCTOBER 01,2002. G()/)~ Ino~ ~j Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ;, Monday, September 30,20021 NOTICE OF PASSAGE OF ORDINANCE(S): NO. 025033, changing the zoning map in reference to lot 1, Block 1, Airline Subdivision Unit 3, from "F-R" Farm-Rural District to "S.1" Neighborhood Business District on Area 2 and to "R-2" Multiple Dwelling District on Area 1; and NO. 025034. changing the zoning . map in reference to Lot 51, Block 3, Lexington Subdivision, from "R- 1 S" One-family DweDing District to "B- 1" Neighborhood Business District; amending the Comprehen~ive Plan to . account. tor any deviations from the e x, 1st I n 9 Comprehensive Plan. These ordinances were passed Bnd epprQVed by the City Council of the City of Corpus Christi, on ~24, 2002. 101 ArmoMo CIwpll City SecretaI\' , City 01 COfllUS CIvtotI