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Home My WebLink About027620 ORD - 03/25/2008Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE MOSTAGHASI INVESTMENT TRUST, BY CHANGING THE ZONING MAP IN REFERENCE TO TRACT 1 FRONTING ON NORTHWEST BOULEVARD (FM 624) OUT OF 8.905 ACRES, A PORTION OF ANNEX NO. 1 TO THE NUECES RIVER IRRIGATION PARK, FROM "F -R" FARM -RURAL DISTRICT AND "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B-1A/SP" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW THE OPERATION OF A RESTAURANT WITHOUT THE SALE OF ALCOHOLIC BEVERAGES; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING A REPEALER; 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 The 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, February 20, 2008, during a meeting of the Planning Commission, and on Tuesday, March 25, 2008, 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 Tract 1 fronting on Northwest Boulevard (FM 624) out of 8.905 acres, a portion of Annex No. 1 to the Nueces River Irrigation Park, located on the northwest intersection of Northwest Boulevard (FM 624) and County Road 69, from "F -R" Farm -Rural District and "R -1B" One -family Dwelling District to "B-1A/SP" Neighborhood Business District with a Special Permit to allow the operation of a restaurant that does not sell alcoholic beverages. (Maps 069050/069051) (Exhibits) 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, 027620' H:ILEG-DI RlShared\GarySlagenda1200813-251Ord-0208-05Mostaghasi-B-1 A.doc Page 2 of 3 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. 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 25th day of March, 2008. Armando Chapa City Secretary APPROVED: March 25.,2008 Nt Gats W. S ith Assistant ity Attorney For City Attorney CI • F CORP CHRIS 1 Henry Gar -tt. Mayor, Cit of Corpus Christi H:1LE G-DIRIShared1GarySlagenda1200813-251Ord-0208-05Mostaghasi-S-1 A.doc Page 3 of 3 Corpus Christi, Texas c;254 -day of 14m A , 2008 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, Hefiry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LEG-DIR\Shared\GarySlagenda1200813-251ord-0208-05Mostaghasi-s-1 A.doc MtuRRAY BASS, ik., P.E., R.P.L. S. Ntxox M. W$r.SE, P.E., R.P.LS. BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 STATE OF TEXAS COUNTY OF NUECES 3054 8. ALAMEDA, ZIP 78404 PH. 361 882-5521- FAX 361 882-1265 January 23, 2008 07066-M & B.doc Description of an 8.905 acre tract of land, more or less, a portion of Annex No. 1 to the Nueoes River Irrigation Parlc, a map of which in recorded in Volume "A", Page 55, Map Records, Nueces County, Texas and being the same tract of land described as 8.907 acre Tract 3 in warranty deed recorded at Volume 2207, Page 411, Deed Records, Nueces County, Texas, said 8.905 acre tract as further described by metes and bounds as follows: BEGINNING at a 518" iron rod set in the north right-of-way line pf FM Highway 624 (Northwest Blvd.) at the southeast comer of Lot 5, Block 1, Nueces River Irrigation Park Annex No. 1, a map of which is recorded in Volume 47, Page 116, said map records, said beginning point for the southwest corner of the tract herein described; THENCE along the east boundary line of said Lot 5 and along the cast boundary line of Lot 4, said Block 1, Nueces River Irrigation Park Annex No. 1, N09°57 '00"E 1013.32' to a 5/8" iron rod set for the northeast corner of said Lot 4 and northwest comer of the tract herein described and being in the southerly boundary line of a 5.07 acre tract of land described by deed recorded at Volume 1396, Page 635, said deed records; THENCE along said southerly boundary line of 5.07 acre tract S84°25'23"E 388.78' to a 518" iron rod set for the southeast corner of said 5.07 acre tract and northeast corner of the tract herein described and being in the west right-of-way line of Hazel Bazemore Roar} (County Road 69); THENCE along said west right-of-way line of Hazel Bazemore Road S09°57'00"W 914.11' 10 8 518" iron rod set for a southeasterly comer of the tract herein described at the point of intersection of said west right-of-way line ofHazel Bazemore Road and the "cutback" right-of-way line between said west right-of-way line of Hazel Bazemore Road and said northright of -way line of FM Highway 624; THENCE along said "cutback" right-of-way line S52°55'41 "W 146.45' to a 518" iron rod set in said north right-of-way line of FM Highway 624 for a southeasterly corner of the tract herein described; THENCE along said north right-of-way line of FM Highway 624 N84°21'49"W 288.63' to the POINT OF BEGINNING, a sketch showing said 8.905 acre tract being attached hereto as "Exhibit B". Exhibit "A" Page 1 of 1 iron M. Welsh, .E., R.P.L.S. OD -0Y -Os O. C. L. -t/ FjAZoE — O. C.L. Q N Q O.C.L. R-18 4 -1/SP/07-01 R-18 R-1 F -R 5 1 9 12 Z1 10 9 8 7 W �R-I-V-E/R-W:9 11 Sr - 3 4 2 5 F 1 2, 11 10 9 8 7 !?_o_ex F -R r PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces 1 Ad # 5847443 PO # Before me, the undersigned, a Notary Public, this day personally came ORIS HURTADQ, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 Patrick', Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0276 which the annexed is a true copy, was inserted in the Corpus Christi Lauer -Times on the 3/31 2 _V31/2008. X303.36 11Yme(s) LEGAL SALES REPRESENTFVE On this /STL._ day of ��/ � , 260/ I certify that the attached document is a true and an exact co:y made by publisher. GWENN J. MEDT'TFL MY COMMISSION EXPIRES August 2, 2008 Public, State of Texas March 31, 2008 fV T E OF PACE OF ORD O. 027817, -Amending e Zoning Ordinance, pon application by Ro- berto Cardenas, by changing .the Zoning Map in reference to Bass Subdivision, Lot E, Block 28, from "R-113" One -Family Dwelling District to °R-1 B/PU -2"One- Family Dwelling District with a Planned Unit De- velo ment,2 Overlay subject to twelve (12 conditions; NO 027618,. Amending th Zoning Ordinance upon application b George Hino osa, Jr. Mchanging the Zoning ap -in reference to. 0.11 acres being the west 50 feet of the east 150 feet of Molina 2, Block .1 , Lot 13, from "R -1B" One -Family Dwelling District to ', "R -1C" One -Family Dwelling District; NO. 027619, Amending the Zoning Ordinance, upon application by En -1 terprise Rent A Car, by changing the. Zoning Map in reference to Osage Addition, Block 2, Lot 4-A, from "B-1 "F{ Neighborhood Busi nese -District t "B-1/SP" Neighborhoo Business District with Special Permit to aIle for -the operation of car rental business subject to a Site Plan and five (5) conditions; and NO. -027620, mendin the Zoning Ordinance, upon appli- cation by the Mosta- ghasl investment Trust, bychanging the Zoning Map in reference to Tract 1' fronting on Northwest Boulevard (FM 624) out of 8.905 acres, a portion of An- nex No. -I to the Nuec- es River irrigation Park, from "F -A" Farm -Rural District and "R -1B" One -Family Dwelling District to "B-1A/SP" Neighborhood Busi- ness District with a Special Permit to allow the operation of a res- taurant without the sale /of alcoholic beverages; amending the Compre- hensive :Plan to ac- count{ for any deviations from the existing Com-. prehensive om-- prehensive Plan; pro- viding -a repealer` clause;' providing a: penalty; providing for publication. These or- dinances were passed and approved by the City Council of the City of Corpus Christi on March 25, 2008. is/ Armando Chapa i - • (ib, ar+arfaru 1 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5844200 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES EEPRESENTI' I E AND EMPLOYEE F THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daffy 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 Oaf, Nueces, Refugio, San Patricia Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 10Th day of March 2008. 297.54 1 Time(s) On this 31S ---k day o�UdA., is a true and an exact copy made WENN J. MEDINA MY COMMISSION EXPIRES August, 2008 , 2 ed I certify that the attached document by publisher. Not Public, State of Texas • March 10 2008 SCE of Pt1BLt HEARING TO r SEDER ZONING AP- PLICATION(S) P- P ATIO OF E�O�R- PDS CHI Notice Is hereby given in accordance with the law that the City Coun- cil of the City of Corpus us Christi will conduct a public hearing on Tues- day, March 25, 2008 during a regular cil meetirig which. com- mences at 10:00 a.m. in the ..City Council Chambers, City Hail, 1201'x Leopard, -to con- sider the followingzon- ing application(s)of which said applica- tion(s) pptca- ti n(s 'are on file in the - Office of the. City ec- retary - arid the Depart- ment of Planning. At said time and place of hearing, all persons and. parties Interested may appear before the CityCouncil. Thezon- ing application(s) to be considered at the hear- ' ing are as follows: 1.01 08-01,Roberto Cardenas::- From a "R_1 B11',One-Famiiy Dwelling District to a "R-1 B UD-2"One- ' Family Dwelling Dis- trict/Planned- is- tri t/P ann d- grit De- velopment- Overlay - Located on 'Sandra Lane approximately 1,50 - feet east of Air- line Road.- - 2, 020802, George Hinojosa, Jr.: From a "R -1B" . One -Family Dwelling District to a 'R -1C" One -Family Dwelling District - Lo- cated approximately 50 feet east of -the inter- section of Villarreal Drive and Molina Drive. 3. 0208-03, Enterprise Rent A Carr From a { "B-1" Neighborhood Business District to a 4B-4" General Business District -" Located on the west side of Everhart I Road approximately 575 feet south of Sta- ples Street. - 4. 0208-08, The Mosta= FNasi. Investment Trust: rom .a "F -R" Farm -Ru- ral District and a "R -1B" One -family Dwelling District to .a "8-4" en- eral Business District - Located on the north- wst intersection of Northwest Boulevard FM 824) and County Road 69 information may. -be obtained by calling Or visiting the Department of Devel- opment Services, Plan- ninSection at X61) 8` 60, 2408 I Leopard t e9t# ' 1s/ Armando Chapa fight e+ref#.s rr .