The URL can be used to link to this page

Home My WebLink About026507 ORD - 10/11/2005 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAGHASIINVESTMENT TRUST, BY CHANGING THE ZONING MAP IN REFERENCE TO 7.576 ACRES OUT OF THE FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS ON THE SOUTHERN 300 FOOT PORTION OF LOTS 9 AND 10, SECTION 11, FROM "A-1" APARTMENT HOUSE DISTRICT TO "A-1A" APARTMENT HOUSE DISTRICT WITH "PUD-2" PLANNED UNIT DEVELOPMENT OVERLAY, SUBJECT TO A SITE PLAN AND SEVEN (7) CONDITIONS; 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 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, July 13, 2005. during a rneeting of the Planning Commission, and on Tuesday, August 30, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christl. 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 Chnsti 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 7.576 out of Flour Bluff and Encinal Farm & Garden Tracts on the southern 300 foot portion of Lots 9 and 10, Section11, located along Cirnarron Boulevard, and east of New Bedford Drive, from "A-1" Apartment House District to "A-1 A" Apartment House District with a "PUD-2" Planned Unit Development overlay. as shown on the attached Exhibit. (Map 043032) SECTION 2. That the Planned Unit Development-2 granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following seven conditions: , This site plan is contingent on receiving "A-1 A" Apartment House District zoning with a'PUD-2" Planned Unit Development-2 overlay, 2 Access to and from New Bedford Drive shall be limited to emergency use only with a breakaway gate. 3 Buildings five (5) through twelve (12) shall be two stories or less and all other buildings three stories or less in height. '-,. L EG-DI RIJoseph\Zoning-05\0705-04 ,2Regular,doc (\ ') (' r:- () .., ". I J., ( Page 2 of 3 4. No balconies are permitted facing the residential neighborhood to the south on bUildings five thru twelve. 5 Obscured glass egress windows or blank walls are required for the upper floors along the walls of buildings five (5) through twelve (12) which face the neighborhood to the south 6 Outdoor lighting shall be directed away from the single family residential neighborhoods to the south and west with no more than moon light (two lumens) at the south and west property lines of the apartment project. 7 Garbage dumpster sites are limited to those shown on the site plan. SECTION 3. 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 4. 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 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 7. 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 8. 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 11th day of October, 2005, ATTEST: /"\ .,..~ __ , / ~tfi~ Armando Chapa C City Secretary Henry Ga ett Mayor, The City of Corpus Christi APPROVED ~"{f'.-~ ~'i 2005 "0. (" i ._~, Joseph H~rney Assistant City Attorney For City Attorney EFFECTIVE DATE I' 1111 L- s H 'LEG-DIR\JosephlZonlng-05\0705-04,2Regular doc Page 3 of 3 Corpus Christi, Texas , 'i-- day of ( ';t"t;{--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, Respectfu IIy, k~ en ry G reU Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett IJ j , \ .. Brent Chesney t, '( t I.~ Jerry Garcia John E. Marez L l./_f'- William Kelly ,{' j(- Jesse Noyola ; \.' j I-\,' Rex Kinnison \ (t y\ Melody Cooper ) , ~ Mark Scott , 'I ,L~ r.. t-< \L EG-DI RIJoseph \Zon I ng-05\0 7 05-04, 2Reg u la r, doc ni2h~(l7 ; ~ :; ~ ~ ~ u ~ / / ~ ~ ~ ~ 0<3 ~ .. 2 ~ m . , II ~S wI I 5 J . ~ , I .P I I ~ I I I ~~~ i 0 I I ~~~ I I ~~: - ~ I ~;~ l!z~ I~ I ~i~ B~ Sil I!: t I ~l! i m I I ~-1~ l . I . I .... ~ ~ w..... ['!!I! . B 3OO.0D' _u..-. _ ~~,i i - ;2;'"'5"7- 30" W I~ - - - J- 'r.1 ~!l'IU'I"! JH ~ I!! Ilr~'- ~ . " I ':I II .. , 'I~ . iIiiiiii il .; " 1_ 'I II i II:1a q. I' = ~ I . i . I' I . I ~ttfi~~'B ~~~D ~m1 ~:m ~O '1:Jli:1 Jl='1I1 m!'i " I ql ,! 0 = . ~ Ian '; l! ~n aal I; ~ i:! ~I I \~r l. I "I il!iii!l: I I I .I,ih! i ! IIII ill ~!,.I!.I'I '~I;"!i ~~'!'i' I" i.:- 'I aill'!' I ~ I :1. ~ ,hi I 'I' , liUii !IIi I ~ !:!! , I, o " , I J ~~~- r- 1_______ : !jl --_:).'~.~---- _____H / /' F\HAt\Cf. DEPAR1MElil mJ:ilUG~Al1~: 53 County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5279425 PO # Before me, the undersigned, a Notary Public, this day personally came Diana ttinoiosa, who being first duly sworn, according to law, says that she is SENIOR _ COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christl 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 mserted in the Corpus Christi Caller-Times and on the World WIde Web on the Caller-Times Interactive on the 15TH day(s) of AUGUST, 2005, 1~65.94 l~L~ ?tl~.s~ SENIOR COLLECTOR nV()J.~,J Time(s) Subscribed and sworn to me on the date of AUGUST 16, 2005. GQ&t _\JOUfLUL ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. 'Ql11lIlIrtoA 0' Ie ~\.'lll!Q T 0 .QIMel11o~!l'l~1 Tift! 'efT~J OF CORPUS CHRISTI otice is hereby given In accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday. Augl,l6l 30, 2005du'*'l! a reguler Council meeting which commences' at' to:oo a.m, in the City Councii Chambers, City Hail, 1201 Leopard, to consider the following zoning application(s) of which said appllcation(s) are on file in the Office of the City Secretary and the Department 01 Plaming. At said time and place of hearing, all persons and partles interes~d may appear before the City Council The zoning application(s) to be eon~lderEld at the hearlhg are 'as follows: 1. 0'105-01 , Baylront Medical Plaza: '6-2' Bayfront Business District and '6-5" Primary Business! District to a '6,2" Bayfront Business Distriot, and '6,5" Pri(1lary Elu.,iness District with a 'PUD-2" , -,-----,,-,--~---- ,. tJii. 'Bl'\nned U,nit ~m$nt' LOCIited 6'j(wun South SJjj8:lihe Boulevard!, and Water Street and nqi1ll of Born Street. 2 .li7'Q5-04, Mostaghasi Ill_ent Trust: 'A, 1" Apartment House District to an 'A-2" Apar.tment House Dimct - Located along CllrIarron 60ulevard, an:4, east 01 New ~d Drive, 3. 'llA5-l16, Rosa K. 1I".,..n (Juanita R. HM'Vl~nde%): 'R-18" On.!1'i1y --!dwelling !It{rict to ' -1" et. Ia/~: City 01 €ot>pus Chri:t I ~~-~_...---' ,., r- (' 1..:.' 'I T n",:: ":-,' ? r 1'~L It I PUBLISHER'S AFFIDAVIT p.~1 9: 59 CITY OF CORPUS CHRISTI ss: Ad # 5327216 PO # State of Texas County of Nueces 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 SENIOR COLLECTOR 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 Patricia, Victoria and Webb Countie~, 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 OCTOBER, 2005. $182.96 bLCUW-- (fj iun-;]O.5~ l~~~::~;~~\ ..*.~. ...,... .... : . . : ... .. ~~~~.... ;~~f/ '.,,'?!..... TICE OF PASSAGE OF ORDINANCES: NO. 026507, amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, by changing the zoning map In reference to 7.576 acres out of tha Flour Bluff and Encinal Farm and Garden Tracts on the southam 300 foot portion of Lots 9 and 10, Section 11. from "A- 1" Apartment House District to "A-1A" Apartment House DIstrict with "PUD-2" Planned Unit Development Ovenay, subject to a Site Plan and seven (7) conditions; and NO. 026508. amending the Zoning Ordinance, upon application by George MostaohaSI, by changing the zoning map in referance to 11 .25 acres (Tract 1) out of portIona 01 Lots 14 and 15. Section 10, Flour Bluff and Encinal Farm and Garden Tracts, from 'B-4" General Bullnesa and "A-l" Apartment House District to "R-1B' One- family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. These ordinances were passed and approved by the City Council of the City of Corpus Christi on October 11, 2005. 1&1 Armando Chapa ~ City Secretary '- City 01 co~s Ch~