HomeMy WebLinkAbout025999 ORD - 10/19/2004
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY MOSTAGHASI INVESTMENT TRUSTS BY CHANGING THE
ZONING MAP IN REFERENCE TO FIVE (5) ACRES OUT OF FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 10,
LOTS 12 AND 13, FROM uR-1B" ONE-FAMILY DWELLING DISTRICT
TO TRACT 1 _uR_2" MULTIPLE DWELLING DISTRICT AND TRACT 2 -
uB-1A" NEIGHBORHOOD BUSINESS 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 Trusts 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,
September 8, 2004, during a meeting of the Planning Commission, and on Tuesday,
October 19, 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 five (5) acres out of Flour Bluff and Encinal Farm
and Garden Tracts, Section 10, Lots 12 and 13, located along the north side of
Yorktown Road and 1,000 feet east of South Staples Street, from "R-1 B" One-family
Dwelling District to "R-2" Multiple Dwelling District on Tract 1 and "B-1 A" Neighborhood
Business District, as shown on the attached Exhibit. (Map 44031)
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.
H :\LEG-DI RIJ OSEPHIZON I NG-04\0904-0 1 ALTERNATE. DOC
025999
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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.
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 19th day of October, 2004.
ATTEST: ~
Armando Chapa
City Secretary
APPROVED (j .j.,';'v I S 2004
/~~/h
Joseph Hafney 15
Assistant City Attorney
For City Attorney
H :ILEG-OI RIJOSEPHIZON I NG-0410904-01 ALTERNATE. ooe
Page 3 of 3
Corpus Christi, Texas
Iq-Jr- 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. Ne ,Jr. C/
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Brent Chesney
CD-v<-
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Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Rex A. Kinnison
(4)'__
lhy
eLy_
LuJ'
C4y-
Henry Garrett
William Kelly
Jesse Noyola
Mark Scott
H :\LE G-DIRIJOSEPHIZON I NG-04\0904-01 ALTERNATE. DOC
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OCT-7-2004 14:24 FROM:CITY OF CORPUS CHRIS 3618263560
MU""AY !lA.... J.... P.E., R.P.I-.S.
NIXO~.... Wlll-..... P.E., R,P.L.S.
BASS & WELSH
P.O. 80 'A
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State of Texas
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King's !,Oli".,.
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County of Nueces
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TO: 98803239
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7 GINEFRING
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July 27, 2004
04037M&B
30154 S, ALA"urDA
PH. 361 882..8521
FAX 38 t 882-' 265
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DeSCription of a 4.027 acre tract of land, more or less, , i<i>n of Lot'$ 12 & 13, Section 10, Flour Bluff and
Encinal Farm & Garden Tracts, a map of which is recorde '.plume "A"f Pages 41 thorough 43, Map Records,
Nueces County, Texas, said 4.027 acre lract as further ' c tled by m~tes & bounds as follows;
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Beginning at a point in the proposed northeest right-of-, i~e of Yorktown Boulevard for the southernmost
corner of the tract herein described, said soulhernmo f' 0 n~r bears !N28052'33"E 65,00' and S60054'30"E
120,00' from a point in the centerline of Yorktown Boule :d I the sout~ernmost corner of said Lot 13;
Thence along said proposed northeast right-of-wey line 'If rr.town Boplevard N60054'30'.W 325,06' to the
point of curvature of a circular curve to the right having ',';,' n ral angle; of 89047'03", a radius of 10.00' and a
chord bearing N16000'59"W a distance of 14,12'; lit i I
Thence along the arc of said circular curve to the right a I nee of 15.~7' to the point of curvature of a circular
curve to the left having a radius of 460,00', a central a ~ 34002'2~. and a chord bearing N11051'22""E a
distance of 269,28'; : r I i
Thence along the arc of said circular curve to the left ~. . tance of 173.29' to a point for the northwest or
westernmost northerly corner of the tract herein describ ,I. 1 I
Thence N63029'36"E 271.40' 10 a point for Ihe northern ! mer of the tract herein described;
NMW: SJh
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rner of tHe tract herein described;
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. a sket~h showing said 4.027 acre tract being
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Nixon M, Welsh, R.P.L.S,
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OCT-7-2004 14:25 FROM:CITY OF CORPUS CHRIS 3618263560
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BASS & WE~~SB" N~l GIN1ERING
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PROPOSED ii !BLOCK!1
King'. Ga ...;. ,",nit 3 I
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County of Nueces !l liP I '
Description of a 0.977 acre tract of land, more or less, a, i r '~n of Lot ~3, Section 10, Flour Bluff & Encinal Farm
& Garden Tracts, a map of which is recorded in Volume', ., Pages 41 through 43, Map Records, Nueces
County, Texas, said 0.977 acre tract as further descri y nhetes and bounds as follows;
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BEGINNING at a point in the proposed northeast right-of' lipe of Yon<town Boulevard for the westemmost comer
of the tract herein described; from a point in the centerlin . f orktown B~ulevard at the southernmost corner of said
Lot 13, said beginning point bears N28'52'33'E 65.00' ' IElO'54'30'VV 447.12";
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Thence N28'52'33'"E 360.72' to a point for the nonher' Corner of~he tract herein described;
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Thence S15'01'49"E 86.93'to the point of curvature of c. r!curve to ~e right having a central angle of 17'47'17.,
a radius of 400.00' and a chord bearing S06'08'11.E a I Pe 123,6~';
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Thence elong the arc 01 said circular curve to the right' "Ice of 121.18' to a point for an easterly corner of the
tract herein described: I;)'
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Thence S12D52'36"W 101.32' to the point of curvature! 'i ~ircular c~rve to the right having a central angle of
110:29'29., a radius of 395.00' and a chord bearing 823 f ' S"Wa dislflnce of 79,09';
Thence along the arc of said circular curve to the right ,. is Ince of 7~.22' to the point of tangency:
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Thence S28'52'33"W 11,29' to the paint of curvature of i r liar line tO~he right having a central angle of 90'12'57",
a radius of 10.00' and a chord bearing S73'59'01"W a' :l: of 14.17';
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Thence along the arc of said circular curve to the right a ~ . t nbe of 15. ~5' to the point of tangency in said proposed
northeast right-of- way line of Yorktown Boulevard;' I
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r town Bo~levard N60'54'30'W 157.06' to the POINT
i d hereto as Exhibit .C'.
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MU'U'AV B...... ,JR., P.E., R.P.L.S.
NIX~N M. W.~.H. P.E., R.P.L..S.
3054 S. ALANEDA
PH. 361 882-151521
"'AX 3451 882.1265
"....AI"': murruYJrCihol.com
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July 23, 2004
04037M&B
Slate of Texas
Thence along said proposed northeast right-of-way line
OF BEGINNING, a sketch showing said 0.977 acre trar
NMW: sjh
n M. Welsh, R.P.L.S,
OCT-7-2004 14:26 FROM:CITY OF CORPUS CHRIS 3618263560
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LOCATION MAP
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EXHIBIT "C.
SKETCH TO ACCOMPANY
METES AND BOUNDS DESCRIPTI
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DATe pol.ancl)I 071'27/04
CQtfI. NI1II Ex,-Nl'T lDNlHCi
..08 IC10 040'37
SCH..t1 AS SHC'JH
PLOT ~CA\,.I:I '" . lOG'
SHEET 1 or 1
PUBLISHER'S AFFIDAVIT
,-
,_'- "i ~'.,' i: u !
State ofC~~\as - , "
County of Nueces
ss:
CITY OF CORPUS CHRISTI
Ad # 5019372
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,
Nucces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a true
copv, was inserted in the Corpus Christi Caller-Times and on the World Wide
Web on the Caller-Times Interactive on the 4TH day(s) of OCTOBER, 2004.
$246.00
bL'tlJL{;L (fj Uu~-5~
Credit Manager
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
OCTOBER 05, 2004.
(;~QJA 'hYiF2~ "Jtor2h~~
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
DIICofpus Christi Cal...- Times. Monday, October 4, 2004
OTICE OF PUBLIC
HEARING TO
CONSIDER ZONING
APPLlCA T10N(S) OF
THE CITY OF
CORPUS CHRISTI
is hereby given tn
aocordance with the
la. that the City
Council of the City of
Corpus Christi will
conduct a public
'-ling on Tueldoy,
October 19. 2004,
during a regular
Council meeting which
commences at 10:00
a.m. in the City Council
Chambers, City HatI,
1201 Leopard, to
_r the foIl-.g
zoning appIlcation(l) 01
.tllch said
_lcallon(e) a.. on
. .. In the Ollice 01 ...
CIIY Secretary and the
Department of
PWlnlng. At said lime
and place of heMng,
all p....... and porlIoo
~_ may_
bolo", tI1e City COuncIl.
The zoning
"""lica.ion(e) 19 be
considered at the
hearing are as foIDM::
1. 0904-01,
~In,,~.
T_ 'R-1B' One-
I ....1Iy~U
i "'8-1' No! .
'1IuoI!>eN 'w
"IW!"MuttIflIa~
DioIricI-1..ocabId _
the north .i.... 01
Y_ RoId and
1.000 fHl ... of
- StapIeo --
2. 0IlO4-02. KllIt S.
WIlIams: 'R-l B"One-
!!'"l7. DwelHng -
to B~3. Bu.......
Dlatrict - Locatm on
the east side of RIlI'Mt
Morgan Road and 600
.... south of McNorton
Road. 3. 0904.03,
eMS Construction
Se<vlcee, LLC: 'R-1B'
One.family Dwelll!!Q
District to "AT
Apartment Touriet
Olotrlct - Located_
of Leeward Drive, _
of Aruba Drive, and
oouth of Running Udlt
0..... 4. 0904-05. The
Coves a' Logo \/IoIs:
"F-R" Farm-Rural
Oi.triet and "RE"
R,sidential Estate
DioIricI 19 "RA" One-
family Dwelling DtIbict
- L.ocahld 8OUII1 of'.I!.
2444 and east of KIng
Acres Drive and KIng
Troll. Infonnalion may
be obtained by coiling
or visiting the'
Department of
Development SeMc.,
Planning Section at
(311) 826-3560, 2401
Leopard Street.
is/ Annanda ~
City~
CIty of Corpus Ohrl~
PUBLISHER'S AFFIDAVIT
- ....,.... ." (>
State of Texas
County of Nueces
ss:
CITY OF CORPUS CHRISTI
Ad # 5036127
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, KIeberg, 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 25TH day(s) of OCTOBER,
2004.
$185.50
&Cl/VJ-- (fjUuo-aO-5~
Credit Manager
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
OCTOBER 26, 2004.
~:n~dtm_~L)
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
and Encinal Fa"" and
Garden Tracta. SectIon
10, Lola 12 and 13.
from "R.' 8" One-
, fomllV DwoIIIng DlotrIot
~ to Tract 1 - "A-2"
J Multiple Dwelling
OIIlIlctandT_2-'ll-
IA" Neighb~rhood
Bu_sa District; NO.
026000. amending the I
Zoning Ordinance,
upon application by
eMS Construction
Services by changing
the zoning map In
ref.rence to Padre
laland, Section E,
Block 2. lotS 3. 4. 14,
15. and 18, from 'R-
1 S" One-family
O...lIIng O"trlct 10
'ArApartmontTooDf
Dlatrlct; and NO.
021001. amtndIntl..
Zontng Ordinance,
upon ojJpIIcoIIon br"
CcM8 at ~ VIoIo by
chIllgIng tfio lOlling
mapln_lo
130.52 ..... out of
L..aweJes Farm TractI,
SocIion 31 and 32.
(c.....mlly zcnad 'f-R"
Fann Rural.~ by
=Ing a 8_1
ttfor~
slngle-lamHy _
Iota oubjact to _-
one (21) cOhdlllo..s;
amending the
Comprohonolve Plan
to _ for.1I'fY
_'lona from the
. J[ 1st I n g
eomp_ PIon.
Th... ordinance.
were p....d and
~by1heCity
CeoariI '01 the cay 01
COrp.. . Cllri.U on
0lI0Iler 19, 20M.
ItI_CIlopa
CI.y -ry
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