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Home My WebLink About025736 ORD - 04/27/2004'Pa~e 1' of ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AL MOSTAGHASl BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 18, BEING 21 ACRES OUT OF LOTS 17, 18, 31, AND 32, FROM "A-I" APARTMENT HOUSE 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 Al Mostaghasi 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, March 24, 2004, during a meeting of the Planning Commission, and on Tuesday, April 27, 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 21 acres out of Section 18, Lots 17, 18, 31, and 32, Flour Bluff and Encinal Farm and Garden Tracts, located south of Holly Road and 1,000 feet east of Airline Road, from '%-1" Apartment House District to "R-1B" One- family Dwelling District, as shown on the attached Exhibit. (Map H16D) 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~ZONING-04\0304-09REGU LAR.DOC 025736 · Page 2 of ~ 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 27th day of April, 2004. City Secretary ~'s~muel L."l(leal, Jr. Mayor, The City of Corpt~' Christi APPROVED -~(r~; / Assistant City Attorney For City Attorney 2004 H:\LEG-DIR\JOSEPH~_ONING-04\0304-09R EGULAR.DOC gage 3 of 3 Corpus Christi, Texas ,~'~¢~day of ~)(-;( ,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, Samuel L. N~al, Jr'. Mayor, The City of Corp~ Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR\JOS EPH~ZONING-04\0304-09REGULAR.DOC , t;736 APR-16-2004 12:55 FROM:CITY OF CORPUS CHRIS 5618263560 T0:98805259 P.8/10 EXHIBIT A Application for Change of Zoning State of Texas County of Nueces Fieldnotes for a 21 acre tract of land, more or less, being a portion of Lots 17, 18, 31, and 32, Section 18, 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: BEGINNING at a point on the southeast lot line of Lot 31, Section 18, and the west line of Briarwood Subdivision Unit 3, a map of which is recorded in Volume 38, pages 112 and 113, Map Records of Nueces County, Texas, for the most southerly comer of this tract, from which comer the most southerly comer of said Lot 31, bears South 29° 02' 00" West 380.00 feet; Thence North 61° 00' 00" West 539.64 feet for the most southerly west comer of this tract; Thence North 29° 02' 00" East 399.41 feet for an interior comer of this tract; Thence North 61° 00' 00" West 140.00 feet for a comer of this tract; Thence North 29° 02' 00" East 28.86 feet to the point of tangency of a circular curve to the left, whose radius point bears North 61° 00' 00" West, said curve having a centra! angle of 25° 06' 41", a radius length of 860.00 feet, a tangent length of 191.53, and an arc length of 376.92 feet, for a comer of this tract; Thence, in a northeasterly direction, with said circular curve to the left, 376.92 feet to a point in a circular curve to the right, whose radius point bears North 07° 47' 44" East, said curve having a central angle of 21° 33' 26", a radius length of 1,520.00 feet, a tangent length of 289.37, and an arc length of 571.89 feet, for a comer of this tract; Thence, in a northwesterly direction, with said circular curve to the fight, 571.89 feet to a point in the southeast line of Lot 15, Block 4, Candlewood Annex, a map of which is Exhibit A Application for a Change of Zoning 21 Acre Tract Page 2 of 2 recorded in Volume 47, Page 2, said Map Records, and the northwest line of Lot 32, for the most northerly west comer of this tract; Thence North 29° 02' 00" East 270.01 feet to a point in the southeast line of said Lot 15, Block 4, the northwest line of said Lot 32, and the southwest line of Block 3, Candlewood Addition Unit 7, a map of which is recorded in Volume 36, Page 165, said Map Records, to the point of curvature of a circular curve to the left, whose radius point bears North 29° 02' 00" East, said curve having a central angle of 35° 00' 00", a radius length of 1,230.00 feet, a tangent length of 387.82 feet, and an arc length of 751.36 feet, for the north comer of this tract; Thence, in an easterly direction, with said circular curve to the left, 751.36 feet to the point of reverse curve of a circular curve to the right, having a central angle of 35° 00' 00", a radius length of 179.99 feet, a tangent length of 56.75, and an arc length of 109.95 feet, for a comer of this tract; Thence, in an easterly direction, with said circular curve to the right, 109.95 feet to the point of tangency, for a comer of this tract; Thence South 61° 00' 00" East 117.63 feet to a point in the northwest line of Block 2, Woodlawn Estates II, Unit 1, a map of which is recorded in Volume 16, Page 3, said Map Records, and the most easterly south comer of said Block 3, Candlewood Addition Unit 7, for the most northerly east comer of this tract; Thence along said northwest line of Block 2, South 29° 00' 00" West 158.00 feet to the most westerly comer of Lot 12, said Block 2, for an interior comer of this tract; Thence along the southwest line of said Block 2, South 61° 00' 00" East 396.00 feet to the south comer of said Woodlawn Estates 11, Unit 1, the north comer of said Briarwood Subdivision, Unit 3, and a point on the southeast line of said Lot 31, Section 18, for the most southerly east comer of this tract; Thence along the common line of said Lot 31, Section 18, and said Briarwood Subdivision, Unit 3, South 29° 02' 00' W 1,057.00 feet to the Point of Beginning. ~PR-16-~00~ 1~:57 FROM:CITY OF COR~US C~RIS S618~6~560 T0:9880S~9 P.10z10 0 i 0 E ~ L State Ollexas County of Nueces } SS; PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4861316 PO # Before me, the undersigned, a Notary Pubhc, 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 It~teractive on the 12TH day(s) of APRIL, 2004. $246.00 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of APRIL 13, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ~ Christi Caller. NOTlCE HEARING TO CON~ID~q ZON~NO APPUCA ) THE ~ OF Ce~md M ~'m c_~qy o~ C. or~u~ Christi plrtmenl of 08, George, Yorklo~n I~llo~ 0304-0e, · rt~ c~: ~ County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4881564 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 pubhcat]on 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 Caller Times Interactive on the 3RD day(s} of MAY, 2004_ $221.25 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of MAY 04, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05 ~Corpus Christi Calter-Tims~, Monday, Msy 3, 2004 OF ORDINANCES I ~qe Zo~q~r)g OrcJJna~ce, 6'~ Zoning Om'~ance,