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Home My WebLink About027111 ORD - 01/16/2007Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY NASSER FARAHNAKIAN, BY CHANGING THE ZONING MAP IN REFERENCE TO 5.739 ACRES OUT OF 254.069 ACRES, ABSTRACT 988, NUECES COUNTY, TEXAS, FROM "B-4" GENERAL BUSINESS DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; 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 Nasser Farahnakian, 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, November 29, 2006, during a meeting of the Planning Commission, and on Tuesday, January 16, 2007. 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 5.739 acres out of 254.069 acres, Abstract 988, Nueces County, Texas, located along the southwest corner of Clarkwood Road and the newly constructed State Highway 44 Bypass from "B-4" General Business District to "I- 2" Light Industrial District. (Map 058043) (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 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. H `:LEG-DIR\Shared\GaryS\agenda\2007\1-16ORD-1106-08 Farahnakian.doc 027111 Page 2 of 3 SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 16th day of January, 2007. ATTEST: CITY 1 F CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 10, 2007. GryVV. Smith Assistant City Attorney For City Attorney He Garrett Mayor, City o Corpus Christi '!L H \LEG-DIR1Shared\GaryS\agenda 2007\1-16\\ORD-1106-08 Farahnakian.doc EXHIBIT A Description Description of a 5.739 acre tract of land, more or less, a portion of a 254.069 acre tract described in General Warranty Deed, Volume 2071, Page 76, Deed Records, Nueces County, Texas and being out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract 988, Nueces County, Texas, said 5.739 acre tract as further described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set for the northernmost east corner of the tract herein described and southeast corner of a 17.594 acre Texas Highway Tract described by Judgment recorded in Volume 1380, Page 967, said Deed Records and being at the point of intersection of the west right-of-way line of Clarkwood Road South (FM 2292) and the 'cutback" right-of-way line between said west right-of-way line of Clarkwood Road South and the southerly right-of-way line of new State Highway 44 as described in said Judgment; THENCE along said west right-of-way line of Clarkwood Road South S -01°11'03"-E 423.57' to a 5/8" iron rod set for the southeast corner of the tract herein described; THENCE 5-88°48'57"-W 501.38' to a 5/8" iron rod set for the southwest corner of the tract herein described: THENCE N -01°11'03"-W 517.68' to a 5/8" iron rod set in said southerly right-of-way line of new State Highway 44 for the northwest corner of the tract herein described; THENCE along said southerly right-of-way line of new State Highway 44 S -87°13'22"-E 252.35' to a 5/8" iron rod found for north central corner of the tract herein described; THENCE along said southerly right-of-way line of new State Highway 44 N -89°12'03"-E 175.00 to a 5/8" iron rod set for a northeasterly or easternmost north corner of the tract herein described at the point of intersection of said southerly right-of-way line of new State Highway 44 and said "cutback" right-of-way line; THENCE along said cutback right-of-way line between said southerly right-of-way line of new State Highway 44 and the west right-of-way line of Clarkwood Road South S -45°51'03"-E 106.16' to the POINT OF BEGINNING. 1(Ofp -O8 100 50 0 100 GRAPHIC SCALE IN FEET 1' 100' CL NEW -STATE HIGHWAY 44 (UNDER CONSTRUCTION) N. S 87°1322" E 252.35' 91 FOUND S//8'J�r STr6L R00 lig 0 0 z • FOUND 5/1C—J1 SMOM R00 i—R0* WON macs N 89°12'03" E 175.00' sys. 2D' YR. 8 Ufi. -\ •'51. A r LINEAR DETENTION STORAGE & SWALE IIF REQUIRED FOR ULTIMATE DESIGN 13' E. Ths 1 S 88°48'57" W 501.38' `PROPO#ED 36' RCP 0 0.13% 35' DRAINAGE EASEMENT —I BY SEPARATE INSTRUMENT 1 PRELIIVMNARY PROPOSED ZONING EXHIBIT CL CLARKWOOD ROAD (FM 2292) Being a tract of land containing a 5.739 acres of land described in A General Warranty Deed to Nasser Farahnakian recorded in Document 2004054966, Deed Records, Nueces County, Texas and being out of the west 5/8 of The Thos Gallagher Survey 402, Abstract 988, Nueces County, Texas. -111 STATE HIGHWAY 4-4 �� i i ��I Ali T STATE HIGHWAY 44 (UNDER CONSTRUCTION) VICINITY MAP SCALE: N.T.B. i. PRESENT ZONING = B4 DESIRED ZONING = 1-2 FOR TRUCK STOP Coym, Reload 8 Gutierrez Kneneering 5656 South Staples, Suite 230 Corpus Christi, Texas 78411 Phone (361) 991-8550 Fax 993-7569 emelt' crgecrgetcom DATE: 6/13/2008 1 I:9917C SCALE: L'4100' Hoo -O 7 Page 3 of 3 Corpus Christi, Texas J1( 11-d1 day of R1 ik007 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, Herl'ry Garr Mayor, City of Corpus Christi The move ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia Williarn Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H. LEG-DIR\Shared\GaryS\agenda\200711-16\ORD-1106-08 Farahnakian doc 027111. State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5656209 PO 44 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 ORDINANCE NO. 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 22ND day(s) of JANUARY, 2007. $120.03 MIGNE E JOYCE CABRERA Er: COtv$416$IQN E:X ,IfE5 Matt 19,2009 010-te6-et, abeirek.J Legal Sales Representative TWO (2 ) Time(s) Su cribed and sworn to me on the date of 1/2 s/n Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. INDEXED • Jentilln22,207. Amending dgy the Zoning in annitaallina 4h+ upon Farahnakien, by changing fintinanisa. to out of 2 I nstustrial amen4in eater, to s x i s t i