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Home My WebLink About027122 ORD - 01/23/2007AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAGHASI INVESTMENT TRUST, BY CHANGING THE ZONING MAP IN REFERENCE TO NUECES RIVER IRRIGATION PARK, VOLUME "A", PAGE 54, MAP RECORDS, NUECES COUNTY, TEXAS, BEING 1.94 ACRES, A PORTION OF LOT 1, BLOCK 2 FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT: AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; 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 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, December 13, 2006, during a meeting of the Planning Commission, and on Tuesday, January 23, 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 Nueces River Irrigation Park, Volume "A", Page 54, Map Records, Nueces County Texas, being 1.94 acres, a portion of Lot 1, Block 2, located approximately 400 feet from the southwest intersection of FM 624 (Northwest Blvd) and County Road 69 (Hazel Bazemore Rd) from "R -1B" One -family Dwelling District to "B-4" General Business District. (Map 067050) 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. 0")7122 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. 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 23rd day of January 2007. ATTEST., Armando Chapa City Secretary APPROVED: January 17, 2007 Gary Smith Assistant City Attorney For City Attorney CITY OCORPUS CHRISTI Henry Garre Mayor, City of Corpus Christi F LEG-DIR'Shared\GaryS,.agenda`\2007,1-23 '206 -(?3 Mostaghasi reg doc MURRA, BASS, JR., P.E,R.Y.L.S. NIXON M. WELSH, P.E.,R.P.S.S. www.hass-welch corn 3054 S. ALAMEDA, ZIP 78404 PH 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING P.O. Box 6397 orpus Christi, TX 78466-6397 B-4 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES November 21, 2006 03106-M&B.doc Description of a L94 acre tract of land, more or less, a portion of Lot 1, Block 2, Nueces River Irrigation Park, a map of which is recorded in Volume "A", Page 54, Map Records, Nueces County, Texas, said 1.94 acre tract as further described by metes and bounds as follows; BEGINNING at a point in the east boundary line of Lot 1A, Block 1, Taylor Best Plaza, a map of which is recorded in Volume 64, Page 15, said map records, said beigninng point for the northwest corner of the tract herein described and said beigninng point bears S10°00'00"W 400.00' from the northeast corner of said Lot 1A, Block 1, Taylor Best Plaza; Thence S84°01'08"E 548.01' to a point in the westerly right-of-way line of Hazel Bazemore Road for the northeast corner of the tract herein described; Thence S10°00'00"W 154.24' along said westerly right-of-way line Hazel Bazemore Road to a point for the southeast corner of the tract herein described; Thence N84°01'08"W 548.01' to a point for the southwest corner of the tract herein described and being in said east boundary line of Lot 1A, Block 1, Taylor Best Plaza; Thence along said east boundary line of Lot 1A, Block 1, Taylor Best Plaza, N10°00'00"E 154.24' to the point of BEGINNING, a sketch showing said 1.94 acre tract being attached hereto as Exhibit "B". Exhibit "A" Sheet i of 1 Nixon M. Welsh, R.P.L.S. 9"3 Page 3 of 3 Corpus Christi, Texas uo day of Ad 2007 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 C,ty Council. Respectfully, Council Members Respectfully, Henry Garret Mayor, City df Corpus Christi The above ordinance was passed by the following vote: Henry Garrett VkAlci Brent Chesney RyQ John Marez Jerry Garcia _R William Kelly Rex A KinnisonAtV Melody Cooper Jesse Noyola Mark Scott t. h LEG-DIR\Shared\Gar S\agenda'2007',1-23 '206-03 Mostaghasi reg.doc 11'271 22 State of Texas Countysof Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI SS' Ad # 5646784 PO # Before me, the undersigned. a Notary Public, this day personally came Sandra Orum, who being first duh sworn, according to law, says that she is Legal Sales Representative of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Chris' i in said City and State, generally circulated in Aransas Bee, Brooks, Duval, ,Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, L_,ve 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 '_he Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 8TH day(s) of JANUARY, 2007. $242.25 11 MIH& JOYCE CABREcommisscN R.� Mannh 19. 2008 0101--Le6-et, abe-erv.LJ Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of i // / Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. 8 20 ;.Janus 0? OTICE OF PUBLIC 1 HEARING TO CONSIDER ZONING APPUCATION(S) OF THE CITY OF CORPUS CHRISTI Notice 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, January 23, 2007 during a regular Council meeting which commences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said application(s) are on file in the Office of the City Secretary and the Department of Planning. At said time and place of 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: 1. 1206-02, Catamaran Properties, Ltd.: From a "R -1B" One -Family Dwelling District to a "R- 2" Multiple Dwelling District for Tracts 2 and 3 and a "B-1" Neighborhood Business District for Tract 1 - Located at the northeast intersection of McKinzie Road and Kingsbury. 2. 1206-03, Mostaghasi Investment Trust: From a "R -1B" One - Family Dwelling District to a "B-4" General Business District - Located approximately 400 feet from the southwest intersection of FM 624 (Northwest Blvd) and County Road 69 (Hazel Bazemore Rd.) Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christj/f State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5660996 PO # Before me, the undersigned. a Notary Public, this day personally came Sandra Orum, who being first dul\ 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 29TH day(s) of JANUARY, 2007. $216.06 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of 1/3 61 Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19 2008. rkt%t _ „F'I,fl +4 ir%h 1q, g008 January 29, 2007 /NOTICE OF PASSAGE OF ORDINANCE NO. 027122 Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, by changing the zoning map in reference to Nueces River Irrigation Park, Volume "A", Page 54, Map Records, Nueces County, Texas, being 1.94 -acres, a portion. of Lot 1, Block 2 from "R- 16" One -family Dwelling District to "3- 4" General Business District; and NO. 027123, Amending the Zoning Ordinance, upon application by Catamaran Properties, Ltd., by changing the zoning ma in reference to Tract 1-1.08 acres, a portion of the A.M. French 237 acre tract out of 'Survey 417, Abstract 571, Nueces County, Texas, from "R- 1 B" One family Dwelling District to "B- 1" Neighborhood Business District; Tract 2-1.67 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas, from "R -1B" One -family Dwelling District to "R-2' Multiple Dwelling district; and Tract 3-3.5 acres, a portion of the .M. French 237 acre tract out of survey 417. Abstract 571, Nueces County, Texas from "R - 1E3 One -family Dw ling District to "R- 2" ultiple Dwelling District; amending the Plan; providing a penalty. These', ordinances were passed and approved by the City Council of the City of Corpus Christi on January 23. 2007. /s/ Armando Chapa City Secretary City of Corpus Christi