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HomeMy WebLinkAbout026508 ORD - 10/11/2005 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GEORGE MOSTAGHASI, BY CHANGING THE ZONING MAP IN REFERENCE TO 11.25 ACRES (TRACT 1) OUT OF PORTIONS OF LOTS 14 AND 15, SECTION 10 FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, FROM "B-4" GENERAL BUSINESS AND "A-1" APARTMENT HOUSE DISTRICT TO "R-1B" 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 George 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, September 7, 2005, during a meeting of the Planning Commission, and on Tuesday, October 11, 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 11.25 acres (Tract 1) out of Flour Bluff & Encinal Farm & Garden Tracts, portion of Lots 14 and 15, Section 10 located on the north side of Yorktown Boulevard between Staples Street and Beauvais Drive, from "B-4" General Business and "A-1" Apartment House District to "R-1 B" One Family Dwelling District. (Map 044031) 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 'LE G. DI RIJoseph \Zon I ng.05\0805.02Reg u la r. d DC (\t)("'[":" liS' ~_, '- rl ~ ~ '. Page 2 of 3 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 11th day of October, 2005. ATTEST: l~ C.. ~~ / j~Yo------ Armando Chapa City Secretary APPROVED 2005 1,1 Joseph Hafney Assistant City Attorney For City Attorney EFFECTIVE DATE : i '-. II ~ -) lv" H L E G.OI RIJoseph \Zon ing.05\0805.02Reg u la r doc Page 3 of 3 Corpus Christi, Texas day of ( /( IH' ,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, Council Members The above ordinance was passed by the following vote: Henry Garrett ( 1.( rZ, Brent Chesney II\:+-/ Jerry Garcia Lv- JX-. John E. Marez (11 p- C L... V.... i, ,L<- V- William Kelly Jesse Noyola Rex Kinnison Lkt \'L ( :at"_k~ Melody Cooper Mark Scott I ' l.U\-L./ 1 H \LEG.DIRIJosephlZoning.05\0805-02Regular doc 02Fl!=i08 ,'I -"'Tl,;-, ._ ." f.,;.' \ '" j-" ~ \ t \ l. l ~ I l ~ : 1", ,\.I ~- ~ PUBLISHER'S AFFIDAVIT 050el -;-\ rIM \0: \l .:,tdle of Texas 01 IOtv of Nueces ss CITY OF CORPUS CHRISTI Ad # ,='311451 PO # Before me, the undersigned, a Notary Public, this day personally came Diana HiDOios,:" who being first duly sworn, according to law, says that she is :;:>E,NIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper ouhlished at Corpus Christi m said City and State, generally circulated in -'\ransas. Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, ',Ive Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that he publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a rue copy, was inserted In the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 26TH day(s) of SEPTEMBER, 2005, :~..2.13,56 j~Li'1.I1.O.- (jj ~.5~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of SEPTEMBER 27, 2005. Not ry Public, Nuec Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19,2008. --- :,~-:;i~'!~., MICHELLE JOYCE CABRERA i.: M' COMMISSION EXPIRES \~~ 'March 19, 2008 N011CE OF PUB HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby ~ven in accordance wilh the law that the City Council ot the Cily of Corpus Christi will conduct a public hearing on T.-y, October ". 2005 during a regular Council meeting which commences at 1 0:00 a.m. in the City Council Chambers. City Hall, 1201 Leopard. to consider the foIowing zoning application(s) of which said appiication(s) are on file in the 0Ilica 01 the City Secret8/y and \he Department of Planning. At said time and place 01 hearing. all persons and parties interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as follows: " 0805-02, George Moataghaa': "A.l" Apartment House District and "B-4" General Business District to 'R-1B' One. family Dwelling District on Tract 1; "R-t B" One. family Dwelling DislTicl and "A-I" Apartment House District to "B-1" Neighborhood Business District on Tract 2 . Located on the north side of Yorktown Boulevard between Staples Street and Beauvais Drive. I nformatlon may be obtained by calling or visiting the Department of Development Services. Planning Section at (361) 826- 3560, 2406 Leopard Street. Is! Armando Chape City Secretary ~ Eily o1..Corpus Christij 2005 . Ilofgnday. 9F ! ::;T:,.fnt~lll' PUBLISHER'S AFFIDAVIT nr: r,' T ?S \..l~,. l.- M'\ 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 Hinoiosa, 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, cIim 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 copv, 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 bLCUtf-l ?tj iuo-aO.5~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of OCTOBER 18, 2005. ~~ N~tary Public, Nuece County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19. 2008. _"llIIII'I'1 .....~I(l r~.~.. ~.... .~~ f": ':..~ \~" .M .,.."'....;<;t... q"?!.ll" MICHELLE JOYCE CABRERA MY COMMISSION EXPIRES March 19, 2008 TI~ OF PASSAGE OF ORDINANCES: NO. 021507. amending the Zoning Ordinance. ~aPPlicatiOn by asl Investment Trust, y changing the zoning map in reference to 7.576 acres out of the Flour Bluff and Encinal Farm and Garden Trac18 on the southem 300 foot porIiIn of Lots 9 and 10, Section 11. from "A- ! l' Apartment House Dlttfict to 'A-1A" =ment House with 'PUD-2' 'Planned Unit DevelOpment Overlay, subjeil;t to a Site Plan and seven (7) conditions; and NO.' 026606, amending the Zoning Ordinance, upon application by. George Mostaghali. by i changing the zoning' map in reference to 11.25 acres (Tract 1) out of portions of Lots 14 anQ 15, Section 10, Flour Bluff and Encinal Farm and Garden Tracts. from '8-4" General Business and "A-l" Apartment House DI8;Icl to 'R-1 B' One- family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Th... ordinances were passed and approved by the City Cour.cil of the City of Corpus Christi on October 11. 2005. /~ Armando Chapa ... City aecr.tary [,City of'CO!US Cl'lI't~