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Home My WebLink About026733 ORD - 04/11/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MORTEZA SHAFINURY BY CHANGING THE ZONING MAP IN REFERENCE TO 3.18 ACRES OUT OF A 22.04 ACRE TRACT IN A DEED TO CLOUDCROFT LAND VENTURES AND BEING OUT OF LOTS 9 AND 10, SECTION 10, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "A -1" APARTMENT HOUSE DISTRICT TO "B -1" NEIGHBOHOOD 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 Morteza Shafinury, 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, March 8, 2006, during a meeting of the Planning Commission, and on Tuesday, April 11, 2006 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 3.18 acres out of a 22.04 acre tract in a deed to Cloudcroft Land Ventures and being out of Lots 9 and 10, Section 10, Flour Bluff and Encinai Farm and Garden Tracts, located along Yorktown Road and east of Annemasse Street, from "A -1" Apartment House District to "B -1" Neighborhood Business District. Map 044031) (Exhibit) 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 ardinance. 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. 733 / 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 and shall take effect upon first reading as an emergency measure on this 11th day of April, 2006. ATTEST' THE CI OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED April 5, 2006. Assistant City Attorney For City Attorney Henry Garr Mayor, Cit of Corpus Christi EFFECTIVE DATE / 049 H \LEG- DIR\garywsgaryws, agenda, 2006104 -1? 10306- 02AlternativeZoning Morteza Shafinury.doc Page 3 of 3 Corpus Christi,,Texas day of , 2006 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, Council Members Respectfully. Henry Garr = t Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott ILEG- DIR\garyws\garyws\agenda 2006 \04 -1 ° 10306- 02AlternativeZoning Morteza Shafinury.doc �.'�'fl73.3 -2L1E STATE OF TEXAS COUNTY OF NUECES P. 2 Case D3 06 ~02 r 1e_ z a- 'ntst 3.18 -Acre Tract r FIELD NOTES to describe the boundary of a 3.18 -acre tract out of a called 22.04 -acre tract described in a deed to Cloudcroft Land Ventures as recorded in Document #2001039485, Official Records Nueces County, Texas and being out of Lots 9 and 10, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43 of the Map Records, Nueces County, Texas, said 3.18 -acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" steel rod found in the north right -of -way of Yorktown Boulevard (100' ROW) for the southwest corner of a tract of land described in an Assignment of Interest from Cloudcroft Land Ventures et al to Marble Etc., Inc as recorded in Document 200501 1347, Official Records, Nueces County, Texas, the lower southeast corner of said 22.04 -acre tract and the southeast comer of this tract from which the southeast corner of said Lot 9, being the centerline intersection of Cimarron Blvd. and Yorktown Blvd. bears S -61 °- 16'-47"-E, 552.03' and S- 28 °- 40'- 37 " -W, 40.00'; THENCE, N-619-16'-47"-W, along said right -of -way and along the south line of said 22.04 acre tract, a distance of 484.19' to a 5/8" steel rod found in the east right - of-way of Annemasse Street (60' r.o.w.) as described in an exhibit prepared by Nixon M. Welsh, R.P.L.S. #2211 dated March 31u, 2005 for the southwest comer of this tract; THENCE, N- 28°- 43'- 13 " -E, along said Annemasse Street right -of -way, a distance of 13.53' to the point of curvature of a curve to the left from which the radius bears N- 61 °- 16'- 47 " -W, 390.00', said curve having a central angle of 12 °- 12' -25" and a tangent of 41.70'; THENCE, along said curve and right -of -way, an arc length of 83.09' to the point of tangency; THENCE, N- 169-30' 48 " -E, continuing along said right -of -way, a distance of 112.47' to the point of curvature of a curve to the right from which the radius bears S- 739- 29'- 12 " -E, 330.00', said curve having a central angle of 12 °- 12' -25" and a tangent of 35.29'; THENCE, along said curve and right -of -way, an arc length of 7031' to a 5/8" steel rod found for the southwest corner of Lot 20, Block 2, Kings Point Unit 5 as recorded in Volume 64, Page 7, Map Records, Nueces County, Texas for the point of tangency and the northwest corner of this tract:. THENCE, S-619-16 - 47 " -E, at 64.99' pass the common corner of said Kings Point Unit 5 and Kings Point Unit 4 as recorded in Volume 63, Page 114 and 115, Map Records, Nueces County, Texas, in all a distance of 523.72' to a 5/8" steel rod found for the northwest corner of said Marble Etc , Inc. tract and the northeast corner of this tract; COYM, REHMET & GUTIERREZ ENGINEERING, L.P. `sDave_ncsbittld- drive'M'Y •DOCUM PMTS FWWLD NOTES19889c 3 18 ac.doc Job No, 9889c Page 1 of 1 _2U6 P.3 Y,c„f t- a v"a THENCE, S- 28 °- 36'- 39 " -W, along the west line of saki Marble Etc., Inc. tract, a distance of 275.67' to the POINT OF BEGINNING and containing 3.18 acres of land, more or less. These field notes represent a survey made upon the ground under my direction and are true and correct to the best of my knowledge. Accompanying plat prepared. 1.1 c? • 2.004 Date - k avid L. Nesbitt, R.P.L.S. No. 5302 COYM, REHMET & GUTIERREZ ENGINEERING, L.P. 1\Devc nesbitt\d- drivc\MY DOCUMENTS\FIELD NOTES'\48$9v 3.18 ac.doc Job No. 9889c Page 1 of 1 State of Texas Count of Nueces PUBLISHER'S AFFIDAVIT Fll. CITY OF CORPUS CHRISTI ss: Ad # 5457927 PO# Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Sales Representative 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 APRIL, 2006. $259.21 C:?1,0,e4ct, Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date�f Vi efrei Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. MICHELLE JOYCE CABRERA MY COMMISSION EXPIRES March 19, 2008 17, 2006.GALLER -TIMES Nance OF P NO. want anhndkig the Zoning Ordy'rance, I upon appkcaatipn by 1 D. S ocke th, by changing the zoning map in reference to 26.733 acres, consisting of a[portion of Lots 1, 2, and 3, Section 36, F ilfwtf and Encinal F and Ga'den Tracts, "R- 1 B' One- amily Dwelling District to 'RE' Residential NO. Estate 02032, am the 6te Zoning Ordinance, upon application by Kyle McGee by changing the zoning map in reference to 4.01 acres out of the southwest corder, Lot 32, Section 14, Flour Bluff and Encino! Farm and Garden Tracts, from 'R-18' One- District and 1°A -1' Apartment House Dietrict'to 11-4" General Bipiness District; NO. amending the Zoning Ordinance, upon application by Mortara Shathssy by 41 the zoning trap in reference to 3.18 acres out of a 224 ecre tract in a to Cloudcroft Land Ventutes and tieing out of Lots 9 *d 10, Sen 10, RIPur Bluff and EncffISI Firm and Gilwien Taoist from 'A. 1 i'M1nae District to "11-1' Neighborhood the and ZniON Cords C 0 4 Afi CkyotCo