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HomeMy WebLinkAbout025711 ORD - 04/13/2004Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAGHASI INVESTMENT TRUST, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, BEING 32.753 ACRES OUT OF LOTS 22 AND 23, SECTION 12, TRACTS 1 AND 2 FROM "F-R" FARM- RURAL DISTRICT TO "R-lB" ONE-FAMILY DWELLING DISTRICT; 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, Inc. 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, February 25, 2004, during a meeting of the Planning Commission, and on Tuesday, April 13, 2004, 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 Flour Bluff and Encinal Farm and Garden Tracts, being 32.753 acres out of Lots 22 and 23, Section 12, located along Wooldridge Road to the south and 600 feet west of Cimarron Boulevard, Tracts 1 and 2 - "F-R" Farm- Rural District to "R-1B" One-family Dwelling District, as shown on the attached Exhibit. (MapG16A & G16B) 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. H :\LEG-DIR\JOSEPH~ONING-04\0204-04REGU LAR.DOC 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 13TM day of April, 2004. Armando Chapa City Secretary APPROVED ~/~ z~ / Joseph FJarney (~ Assistant City Attorney For City Attorney 2004 STI Mayor, The City of Corpus Christi H:\LEG-DIR\JOSEPH~ONING-04\0204-04REGU LAR.DOC Page 3 of 3 ior~Christi, T, exas ,1,2004 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, Council Members Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott The above ordinance was passed by the following Samuel L. Neal, Jr. vote: H:\LEG-DIR~J OSE PH~ZONING-04\0204-04REGU LAR.DOC APR-6-2004 la~11 FROM:GIT¥ OF ~.ORPUS CHRIS 3618a63560 TO:98803a39 BASS & WELSH I='NGINr'ERING P.~9 R-lB ZONING TRACT 1 January 21, 2004 04008M&B State of Texas § County of Nueces § Description of an 18.050 acre tract of land, more or less, a portion of Lots 22 and 23, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 through 43, Map Records, Nueces County, Texas, said 18.050 acre tract as further described by metes and bounds as follows; BEGINNING at a point the southwest right-of-way line of Wooldridge Road for the easternmost corner of the tract herein described and northermnost corner of Block 1, Wooldridge Creek Unit 2, a map of which is recorded in Volume 45, Pages 70 and 71, said Map Records; Thence along the northwest boundary line of said Block 1, Wooldridge Creek Unit 2 S29°00'00"W 710.01' to a point for the southernmost corner of the tract herein described, said southernmost corner being in the arc of a circular curve to the left having a central angle of 90°00'00" a radius of 75.00' and a chord bearing N16°00'00"W a distance of 106.07'; Thence along the arc of said circular curve to the left, being along an easterly right-of-way line of Durant Drive a distance of 117.81' to the point of tangency; Thence N61°0[)'00"W 1151.26' along the northeast right-of-way line of Durant Drive to the point of curvature of a circular curve to the right having a central angle of 89o59'20'' a radius of 10.0ff and a chord bearing NI 6°00'20"W a distance of 14.14'; Thence along the arc of said circular curve to the right, being the right-of-way line return between said northeast right-of-way line of Durant Drive and the southeast right-of-way line of Dewberry Drive, a distance of 15.71' to the point of tangency; Thence N28°59'20"E 615.01' along said southeast right-of-way line of Dewberry Drive to the point of curvature of a circular curve to the right having a central angle of 90°00'40'', a radius of 10.00' and a chord bearing N73°59'40"E a distance of 14.14'; Sheet 1 of 2 APR 6-2004 12:12 FROM:CITY OF CORPUS CHRIS 561S265560 T0:98803~59 P.3/9 Metes and Bounds Description, 18.050 ac., continued: Thence along the arc of said circular curve to the right, being along the right-of-way line return between said southeast right-of-way line of Dewberry Drive and the southwest right- of-way line of Wooldridge Road, a distance of 15~71' to the point of tangency; Thence along said southwest right-of-way line of Wooldridge Road S61°00'00"E 1226.38' to the POINT OF BEGINNING, a sketch showing said 18.050 acre tract for R-lB Zoning being attached hereto as Exhibit "D". Sheet 2 of 2 BASS ~ WE:LSH ENGINEERING R-lB ZONING TRACT ~ January 22, 2004 04008M&B3 State of Texas § County of Nueces § Description of a 14.703 acre tract of land, more or less, a portion of Lots 21 and 22, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 through 43, Map Records, Nueees County, Texas, said 14.703 acre tract as further described by metes and bounds as follows; BEGINNING at the northernmost corner of Lot 2, Block 2 (Park), Blanch Moore School Subdivision, a map of which is recorded in Volume 52, Pages 67 and 68, said map records, said beginning point for the easternmost corner of the tract herein described; Thence S29°00'00"W 553.94' along the northwest boundary line of said Lot 2, Block 2, Blanch Moore School Subdivision, to a point for the southernmost corner of the tract herein described and westernmost corner of said Lot 2, Block 2, Blanch Moore School Subdivision and being in the northeast right-of-way line of a 95.00' wide City of Corpus Christi drainage right-of-way; Thence along the northeast boundary line of said City of Corpus Christi drainage tight-of-way N60°57'30"W 993.13' to the point of curvature of a circular curve to the left having a central angle of 26°59'24", a radius of 164.59' and a chord beating N74~27'I2"W a distance of 76.82'; Thence along the arc of said circular curve to the left, being a northerly right-of-way line of said City of Corpus Christi drainage right-of-way, a distance of 77.53' to a point in the southeast boundary line of The Esplanade Unit 1, a map of which is recorded Volume 51, Pages 123 and 124, said map records, for the westernmost corner of the tract herein described; Thence N29*00'00"E 641.08' along said southeast boundary line of The Esplanade Unit 1 to a point for the northernmost corner of the tract herein described; Thence S61°00'00"E 683.74' to a point in the northwest tight-of-way line of Dewben3, Drive for an east central comer of the tract herein described and being in the arc of a circular curve to the left having a central angle of 89°59'20'', a radius of 70.00' and a chord bearing S16°00'20"E a distance of 98.99'; Sheet 1 of 2 ~PR-6-~0~4 i~;~4 FROH;CZTY OF CORPUS CHRZS 36~8~6~560 T0:~880~9 P.Sz9 Metes and bounds description, 14.703 ac., continued: Thence along the arc of said circular curve to the left, being along the right-of-way line return between said northwest right-of-way line of Dewberry Drive and the southwest right-of-way line of Durant Drive, a distance of 109.94' to the point of tangency; Thence S61°00'00"E 314.10' along said southwest right-of-way line of Durant Drive to the POINT OF BEGINNING, a sketch showing said 14.703 acre tract for R-lB Zoning being attached hereto as Exhibit "D". Sheet 2 of 2 APR-6-2004 12:15 FROM:CITY OF CORPUS CHRIS 3618265560 TO:98805E39 P.6/9 State of T~g$1'.,, ~ 1 I,;i $:}~' / County of Nueces } PUBLISHER'S AFFIDAVIT SS2 CITY OF CORPUS CHRISTI Ad # 4848198 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, Dural, 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 29TH day(s) of MARCH, 2004. $243.25 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of MARCH 30, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Nome of Notm-y Public My commission expires on 04/23/05. rCorpus Christi Calter-TImes, Mo~da._¥,.Mm'ch 29, 2004 HEARING TO CON$10ER ZONING APPUCH13ON(S) OF THE CiTY OF CORPU~ CHF~Sll ~~in law that the C~ty Co~us Chr~ 1201 Leopard, Io ~ ~y ~r R~ ~to ~19' ~ 'R-lC O~e-lamay o3, Oa~ ~: 'A- k.P.: 'R-lB' One- ~D~ t~ Z~T ~ m~ment 200 feet wear of~ of bevelopmlnl~ ~ 2~ CW ~ State oi lexas } County of Nueces } PUBLISHER'S AFFIDAVIT SS: CITY OF CORPUS CHRISTI Ad # 4868O56 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 Christ~ 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 ORDINANCES which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Calle~Times Interactive on the 19TH day(s) of APRIL, 2004. $213.00 TWO (2) Time(s} Credit Manager Subscribed and sworn to me on the date of APRIL 20, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. i/Comus (":.hristi Caller. T'im~, I~:mday, AWII 19, 2004 NOTICE Of: pASSAGE OF ORDINANCES upon ap~3~ by ~ m~s~ent c~ang~ U~e Flour BhJ~f and Enc~eJ Farm and Garden 025712~ ~ Zoning Ordinance, m 'R-lC' One,4an~y rFarm and Garden Io "AT" Apadmenl House Dlslrlct; amendln the accounl Ior eny ~p~ ~n.~