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Home My WebLink About025750 ORD - 05/11/2004Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAGHASl INVESTMENT TRUST, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 9.809 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 12. LOTS 21 AND 22 FROM "F-R' FARM-RURAL DISTRICT TO "A-I" APARTMENT HOUSE 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, April 7, 2004 during a meeting of the Planning Commission, and on Tuesday, May 11, 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 Chdsti 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 9 809 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section12, Lots 21 and 22, located along the southwest corner of Wooldridge Road and Dewberry Drive, from "F-R" Farm-Rural District to "A-1" Apartment House District, as described on the attached Exhibit. (Map G16A 8, 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-O4\O404-O3REGULAR.DOC 5750 Page 2 of 3 SECTION $. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION $. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council ('/) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 11 ~h day of May, 2004. City Secretary Mayor, The City of Corpu~Christi APPROVED Joseph H'a~ey Assistant City Attorney For City Attorney 2OO4 H:\LEG-DIR~J OS E PH~ONING~04\0404-03REGU LAR.DOC Page 3 of 3 Corpus Christi, Texas I!'V- day 200 Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/M/e, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. RespecCully, RespecCully, Mayor, The City of Corpus Ch¢ Council Members William Kelly Rex A. Kinnison Jesse Noyola Mark Scott The above ordinance was pas~ed/],., ~ ,by~ the following vote: Samuel L. Neal, Jr. Brent Chesney /~~-~ Javier D. Colmenero Me,ody Cooper Henry Ga~e, H:\LEG-DIR~JOSEP H~ZONING-04\0404-03REGULAR.DOC BASS & WELSH ENGINEERING p.15/15 ZONING January 2'1,200,q 04008.M&~2 SLale of Texas § Courtly of Nueces § De$c4ptidn of · 9.809 ac~e I. ract of land. mo~e oF less, a po~lk~n or Lots 21 and 2.2, Sect/on 12, Flour Blair and Encinal Farm and Garden Trac~s, a map of which ie recorded in Volume 'A'. Pages ~,1 Utm'dgh 43,, Mai::, Records, Nueces County. Texss. said 9.809 acre tract as furth er describegl by mete~ and bounds as follow,J; EIEGIHNING al the point or IntersecUon of Ute southwest ~ght-~-way lb'ia of Wooidridge Road and southsast bounda~, line of The Esplanade Unit 1, a mag of wi'~lch Is recondect in Vo[un~ 51. Pages 123 arid 124, s~id map records, said beginning Doinl for Ihs northernmost o! the trac~ herein de.scribed and I~arlng N2~'O0'00"E 10.00' from the ess[ammos[ corner of Lo[ 1, Block :3, said Esplanade U~lil. 1; Thence eidng said southwest right a~nay line of Woolclrldge Road ,?,61'00'00'E 673.82' to the poiot of tangency of a cirCular curve to Ihs ~Jht having a central angle of 89'59'20', a radius of 10.00' and a ch~d b~adng S1B'OO'20'E 14.14'; Thence along the arc of said circular curve Lo the right, being alonG the right-of-way line retum between saki souUn~esI Hght..of-way line o! Wooidddge Road and the norutwesl right-of-way line of Dewbe~'ry Drive, s dlslance 15.71' to Ute point of tangency; Thence along said northwest right-of-way line o! Dewben'y Drive $28'59'20'W 615.03' to a point ~or t~e southemmos! corner of Ute ti'act herein ~ibed; Thence N§I '00'00'W 683.74' to a !~[nt i~or Ihs westemmos! comer of the tracL herein described and being in said southeast boundary line of The EspJanade Unil 1; Thence along said soulheas[ boundary line of The Esplanade Unit 1 N29'O0'00~E 625 02' to the POINT OF BEGINNING, e sketch showing said 9.809 acta tr~cl for B-3 zoning being aflached here[o as Exhibit "D', I~on M. Welsh, R.P.L.S. r oc[bq- o"5 State of Texas County ol- Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4874572 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 pubhcation of, NOTICE OF PUBLIC HEARING TO which the annexed is a true copy, was inserted in the Corpus Christi Calle~Times and on the World Wide Web on the Caller-Times Interactive on the 26TH day(s) of APRIL, 2004. $317.50 TWO (2) Time(s Credit Manager Subscribed and s~vorn to me on the date of APRIL 27, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. co~pu~ IIw [fill Ihe Clly ~a Chr~U will 1201 L~opar~. to ep~rlmefil or The zonln~ PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad It 4894481 PO It Before me, the undersigned, a Notary Pubhc, this day personally came Diana H]noiosa, 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 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 17TH day(s} of MAY, 2004. $306.50 Credit Manager TWO {2 ) Time(s) Subscribed and sworn to me on the date of MAY 18, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Chrl~J Callerly NOTICE OF PASSAGE OF ORDINANCES Yo~m Om V~. by ~ 2 - 'R-2' Mu~ - 'R-~C' ~ ~ by P~ ~ ~ z~I~ 17, Zoning Ordinance, upon al3p~lcaaon by ~amending [he ~rehen~e ~n. ~C~o~ C~ ~ ~us ~