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HomeMy WebLinkAbout026149 ORD - 02/15/2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAGHASIINVESTMENT BY CHANGING THE ZONING MAP IN REFERENCE TO 11.91 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, LOTS 6, 7, 10, AND 11 FROM "A-1" APARTMENT HOUSE DISTRICT TO "R-1C" 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 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, January 12, 2005, during a meeting of the Planning Commission, and on Tuesday, February 15, 2005 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 11.91 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 6,7, 10, and 11 from "A-1" Apartment House District to "R-1C" One-Family Dwelling District; located north of New Bedford Street and Jessica Driye, as shown on the attached Exhibit (Map 043032) 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. 026149 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 15th day of February, 2005. ATTEST~ Armando Chapa City Secretary Samuel L. ai, Jr. Mayor, The City of Corpus Christi APPROVED ~)- Joseph Ha ney Assistant City Attorney For City Attorney ,:;"''0 .;. ~ 2005 EFFECTIVEOATE (~~I ( oS- H:ILEG-DIRIJosephlZoning-05101 05-01 Regular.doc Page 3 of 3 Corpus Christi, Texas } 0'.... day of f..g.X::1U<t~ 2005 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 Corpu Council Members The above ordinance was passed by the following vote: Rex A. Kinnison (1\) k (llJ (L:f-- CJNc,d Ol,)'---- Clef Ct'~J n~J- L~J >c- Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Jesse Noyola Mark Scott H :\LEG-DI R\Joseph\Zoning-05\01 05-0 1 Regular. doc 02f)14~ FEB-4-2005 11:32 Sep 09 04 FROM: CITY OldOp OF CORPUS CHRIS 3518253550 88S~ L Welsh En~in~ TO: 98803239 361-882-126S P.2/3 ".3 CL DUNBARTON OAK OR. ~DNIC" R. MEJIA DOC. 891141, l'.648 N;. PT. LOTS 6. 7. 8. ~ &10. SECT 11. Fa , u .. GT ~ ~ ~.. ~~ " e~ !: ~~ ~o: i~ ~> > ... % ~ LO ., LDl Ii! .. LOT 6 -- UH J1 a- t"> '" .. '" .. w .. b ~ 138 ~ ! .... ,., !a ."" t i!jl!! "" "m o! i~ Q .. ~ ~ <2 '" IL '" 2 ~ > !t' ~ S€'I" 04' 5€" E &45.,.' c.... ~' n'" ... ,-.:-~ "'.... #> ;if....... -~... <;> -~~. ....v Io'~ q! ~~ C <7 $.. &'&<.'" ~A:-"".... ~ q,<-Y ..... C Ii '" '" '" ;;; ~T-.!4.L.'!!....?_ LDl 1:1 LDT 10 =- I ~ I I I i I ~ NE.P 02' 30" \I 845. 14' BR!GHTt)'j VIL.L.AGE UNIT 6-' V. 57. P. "I 58, M. R. SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION I' ;; 200' EXHIBIT "B' ~005-()\ o"J '::'J' 'J ,.-../ \ \ MClN1CA R. ~E:.J3A roc. 891141. 19.649 AC. PT. LOn 6, 7, 9, 9 &.10. steT 11. F'B " [F' .. (iT ;.. ,., & ~C~ NE~ BEJFORD ~ DRIVE: BASS N>lO WELSH E:NGJNEERlNG CORPUS CHRISTI. nc COMPo NO. EXB-ZOliNG.DWG JOB NO. 0<038 SCALE: ," - 2.00' PLOT SCALE: SAME PLOT DAT[' 9/8/D. SHEET 1 0" 1 FE8-4--2005 11: 33 FRO~I: CITY OF CORPUS CHRIS 3618263560 S~p us U4 Ol:lOp B8~S ~ Welsh En~ln~ TO: 98803239 ;.:lbl-tH:ic-.Lt::b:;' P.Y3 p." MURRAY 8A55, Jl'I., p.e., R,P,L-.S. NUION M Wit....". ~e:., R.P,L.,.S. 30rl4 $. Al."AMIlOA,. PH 361 882"5521 P',fo.x 361 8S;z,..1265 I!:-MAI\.: murrllyj,$'~ol.t:om it"MAlL: m~mw@1I01 C'om BASS & WEL.SH ENGINEERING ".0. .ox -5397 CORPUS C"UU.TI. TII.XAS 784615-83&17 September 8, 2004 04038-M&B R-ICZONINGTRACT Stale of Texas !l County of Nueces ~ Description of an 11.91 tract acre of Jand, more or JessI a portion of Lots 6,7,10, & 11. Section 11. Flour Bluff 8. EnclnaJ Farm and Garden Tractsla map of which is reCorded In Volume "A", Pages 41 through 43, Map Records, Nueces. County Texes, said 11.91 acre tract as further described oy metes end bounds as follOWS: BEGINNING at the northernmost corner of Jesalca Drive and of Brighton VIllage Unit eA, a map of which Js Recordfld In Volume 57, Peges 57 & 58, said Map Records, said northernmost comar for the westernmost <:omer of the tract herein described and being in the southeast boundary line of the Village et Dunbarton Oaks UnH 4, Thence along said southeast boundary line of tile Village at Dunbarton Oaks Unit 4 and along the southaast boundary line 01 the Village at Dunbarton oaks Unit 3, a map of which 15 recorded In Volume 62, Pages 164 & 165. said map records, N2S"S7'30" E 613.39' to a point for the northarnmostcomer of the tract hareln dascrlbed and westernmost comar of a 19.648 acre tract of land daeded to Monica R. Majla In Document No, 891141. Official pUbl1c Racords of said CQunty; Thence along a southwesterly boundary lina of said 19.648 acre tract 561"04'56" E 845.14' to a point for south central cornel of said 19.646 acre tract and easternmos! corner of the tract h..rein described; Thence along a central southerly boundary line ot said 19.648 acre tract S2S"5T30"W, ast313.99' pass a soulh central corner of said 19.648 acre tract, In aU a distance of513.99' to a point in tha ""nlanine of New Bedford Drive for the southernmost comer of herein described; Thence N51"02'30-W, at 30.00' pass the easternmost corner of Lot 1 , Block 2. said Brighton VJllage Unit 5A.ln all a distance of 845.14' to the POINT OF BEGINNING. a skatch showing said 11.91acretract being attached hereto Exhibit "S", NMW ghf EXHIBIT "A" ~S-e 010$-0 I , Ot,"f:\Ri\"lttn "I~".~Ct. 'lQ r , ~\O:OJ7 OSft.~ -'3 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT ss: CITY OF CORPUS CHRISTI Ad # 5110661 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, Jirn 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 31ST day(s) of JANUARY, 2005. $306.64 bL'~ ?tj iAA.~.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of FEBRUARY 01, 2005. (jjOJa ~-~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. NOTJCr HEARING TO <*lSIDER ZONING Al'PLICATIOIlISl OF TM, C CJTV . OF 0iIll'IPU8 CHAlSTI NoIIce Is hINby gtven in __the la. that the City ~ ol... CIty ol ~ Chn. wHI ~vct a pUbliC ~"'1~5 ..tln a regular 'moolIlIIIwhlcI1 _ .. 10:00 li\~Caood , CIty HoII, 1201 Leopard, to i -. tho --... zrilg >W'" ...~., 01 which said 1PPIcation(1) are on .. In tho 0IIIc0 oltho CIty Ilecl-'"'Y and tho Department of PIonnIng. At said Urn. ond pIof;o, of = II _ and "1.1 ijJ mayJllllMllr -... CIty QDoM. T-h e. z 0 n:J 1tIr"llra. .EI) .. ~ - _ _.r~ at -.... as ....... . 1204-07, Tim J. ~: "R-1S" One- ~ Owo.ng llII*1ot ' to - 8-4- GenM',L Bualn... DJ_ .' '~ontho_ _ of Bou1h 8l!IP8I .... on both Iidio of eor.ICa Road. .01~l,~ Inv.,'menla: A--'. I Ap.rtment HO....}, 0IIIIIct to -R-le. One- \ IomIy 0w0I1na llII*1ot .~nord\of_ _rd Street ond I_DrIYe. 13. 0106.02, All A. , _: "R-1S" One- ::::\?'-r~'~ 1omIy~- - a SpacI8I P_ to "'1"~ BuWlee, "trict. : Locate.d wa.t of ; ........ Road and 20D I ... ,1OUIh of Avalon .~, MIchaaI L ! and Nan M. Hughao: 1-.-..- General _IS District to "J. 3" Heavy Indullrtal , DIolrIct. Located aIona ; Ihenorth....comero1 , S_ OlIN and Ohio _. ' 5. 0105-04, VIe Kasan: "R-'S" One-family DweIIlng D111rtc11D "S- 4' _....... i:'~1l t IU14t en . .~ DrIve. 16. 0105.0,5, Ally ~1nQ.: "F.R'_ Farm-RuraI _ ... "R-1B" Ol\e.famll\f . DWelling Dlfl~lCt . ! !,Iqted _ ol'ilodct : r _ _ WIOUIh 'I ,!!-. "P,l;Igh Road : " 'to Ll.pu I Iovard). I Information may I><> , obta1nod by calling or J visiting the ~rtmont of Development Services, Plant)J_,!p: _ af (361) QF I , 3580, 2406 Leopard , Street ! I' Is! Annanda Chapa City Secreta City of ~~us ~ 1 .~~ State of Texas County of Nueces PUBLISHER'S AFFIDAVIT fINANCE OEPARTHENl 05FEB 23 AM 9:01 CITY OF CORPUS CHRISTI Ad # 5130317 PO # ss: 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 PASSAGE OF ORDlNANCE(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 21ST day(s) of FEBRUARY, 2005. $329.92 bL'~ ?tj iAA.tijO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of FEBRUARY 22,2005. a(){')~ l[~ ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. '1 , C ALL EA. T J M E S, February 21'.2005, Mondev, 15F NOncE OP PA G! OP ORDINANCE(B): NO. 0211148. amending the Zoning Ordinance, upon application by Tim J. Mokry by changing the zoning map in reference to 11.023 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, lots 31 and 32 from oA_ 1 B" One-family Dwelling District to Tract 1 . "A-I" Apartment House DIslrIct and Tract 2."a- ," Neighborhood Business -olstrid; NO. 1 028148, amendJng the i Zoning Ordinance, upon appllcatlon by Moetaghasllnvestment by changing the zoning map In reference to 11.91 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Loti 6, 7, 10. and 11 trom . A.1" Apartment House District to HR. 1 C' One-family \ Ow ailing District; NO. . ' 021150, amending the ~; Zoning Ordinance, \ upon application by All Pllehve~ by chlnglng the zoning map In reference to Alameda Park Subdlvlalon. BJock 8, Lot. 33 end 34 from .R~1B. One~ flmlly Dwelling DJIt~ct and 'R-1B"ISP One- family Dwelling Dlltrlct w"h a Special Penn" to 'a- 1" Nelghborllood Buline.. DJltrtct; NO. 028151, emending the Zoning Ordinance. upon appJlcatlon by Michael L. and Nan M. Hughee by chenglng the zoning map In reference to Undale Park Subdivision, r: BJock 1. Lot 2A II (currentty zoned "8-4" ;' General Business it DJIIrtct) by grantJng e , Special Pennit tor a fourteen by fourteen foot animal' crematorium subject to the regulations .8t forth by the Texas Commission on Environmental Quatlty; NO. 028152, amending the Zontng O(dlnence. upon 8ppNc:atIOn by Vie Kasen by chengJng the zoning map in reference to Brookhaven Subdivision. Block 8. Lot 1. from 'R- 1 B" ()ne. famlty Dwelling District to "8.4" General Business District; and NO. 0281153. amending the Zoning Ordinance, upon application by Alty Enterprise. by I changing the zoning map in reference to 57.948 acres out of Rour stuff and Encinal Farm and Garden Tracts. Section 25, Lot8 2. 3. and 4 from "F- R' Finn Rural DJIt~ct to 'A'1B' One-femJIy Dwelling District; amending the Comprehenslve Plan to . account _ for any deviations' from the exlstin,O Comprehensive Plan. These ordinances were passed and approved by tile City OounclJ of thl Clly of Corpus Christi on FIbI1Jo<y 15, 2005. It! Annendo C City S8Cf8tery City of CorpUI CM