HomeMy WebLinkAbout030094 ORD - 02/18/2014Ordinance amending the Unified Development Code ( "UDC "), upon
application by The Mostaghasi Investment Trust ( "Owner "), by
changing the UDC Zoning Map in reference to a 15.567 -acre tract of
land, more or less, out of Lot 3, Block 1, The Forum Mall, and out of a
portion of Lot 15, Section 27, Flour Bluff and Encinal Farm and
Garden Tracts, from the "CN -1" Neighborhood Commercial District
and "RM -1" Multifamily 1 District to the "RS -4.5" Single - Family 4.5
District; amending the Comprehensive Plan to account for any
deviations; and providing for a repealer clause and publication.
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application by The Mostaghasi Investment
Trust ( "Owner"), for an amendment to the City of Corpus Christi's Unified Development
Code ( "UDC ") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, January 15, 2014, during a meeting of the Planning Commission, and on
Tuesday, February 11, 2014, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of
Corpus Christi and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Upon application made by The Mostaghasi Investment Trust ( "Owner"),
the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is
amended by changing the zoning on a 15.567 -acre tract of land, more or Tess, out of Lot
3, Block 1, The Forum Mall, and out of a portion of Lot 15, Section 27, Flour Bluff and
Encinal Farm and Garden Tracts (the "Property "), located on the east side of Rodd Field
Road and approximately 600 feet north of Wooldridge Road, from the "CN -1"
Neighborhood Commercial District and "RM -1" Multifamily 1 District to the "RS -4.5"
Single - Family 4.5 District (Zoning Map No. 040033), as shown in Exhibits "A" and "B."
Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which
is a map to accompany the metes and bounds description, are attached to and
incorporated in this ordinance by reference as if fully set out herein in their entireties.
SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes
made to the UDC by Section 1 of this ordinance.
SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1, 2011, and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect.
030094
INDEXED
SECTION 4. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the
UDC, as it is amended by this ordinance.
SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning
of the Property and that are in conflict with this ordinance are hereby expressly
repealed.
SECTION 6. Publication shall be made in the City's official publication as required by
the City's Charter.
0114 -03 Ordinance,The Mostaghasi Investment Trust
Page 2 of 3
The foreg in ordinance wa read for the first time and passed to its second reading on
this the I day of �� et. , 20 JL, by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
The foregoin
this the
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
prdinance w -s read for the second timp nd passed finally on
` day of : ALP !_. , 20 I1 by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill 1 . I
Colleen McIntyre .
Lillian Riojas 6.�
Mark Scott 1.J I
0
D AND APPROVED this the ledi-a; of
PASSE
ATTEST:
Rebecca Huerta
City Secretary
0114 -03 Ordinance,The Mostaghasi Investment Trust
Nelda Martinez
Mayor
030094
,2
fit
Page3of3
MURRAY BASS, JR., P.E.,R.P.L.S.
NixoN M. WELSH, P.E.,R.P.L.S.
www.bass - welsh.com
BASS & WELSH ENGINEERING
Engineering Firm Reg. No. F -52
Surveying Firm Reg. No. 100027 -00
P.O. Box 6397
Corpus Christi, TX 78466 -6397
RS 4.5 ZONING TRACT
STATE OF TEXAS §
COUNTY OF NUECES
3054 S. ALAMEDA, ZIP 78404
361 882 -5521- FAX 361 882 -1265
e -mail: murrayjr @aol.com
e -mail: nixmw @aol.com
December 3, 2013
12089 -M &B- ZONING. doc
Description of a 15.567 acre tract of land, more or less, a portion of The Forum Mall, Block 1, Lot 3, a map of
which is recorded in Volume 50, Pages 5 and 6, Map Records, Nueces County, Texas, and being a portion of
Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lot 15, a map of which is recorded in Volume
"A ", Pages 41 - 43, said map records, said 15.567 acre tract of land as further described by metes and bounds
as follows:
BEGINNING at a point in the southeast right -of -way line of Rodd Field Road for the northernmost Rodd
Field Road corner of the tract herein described and westernmost corner of The Forum Mall, Block 1, Lot 6, a
map of which is recorded in Volume 47, Page 92, said map records;
THENCE S61 °04'00" E 399.68' along the southwest boundary line of said The Forum Mall, Block 1, Lot 6 to
a point for an interior west central corner of the tract herein described and southernmost corner of said The
Forum Mall, Block 1, Lot 6;
THENCE along the southeast boundary line of said The Forum Mall, Block 1, Lot 6 and southeast boundary
line of The Forum Mall, Block 1, Lot 3B, a map of which is recorded in Volume 60, Page 103, said map
records, N28 °23'53 "E 589.94' to point in the common northeast boundary line of said The Forum Mall, Block
1, Lot 3 and southwest boundary line of Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lot 1,
for the northernmost corner of the tract herein described and easternmost corner of said The Forum Mall,
Block 1, Lot 3B;
THENCE along the common northeast boundary line of said The Forum Mall, Biock 1, Lot 3 and southwest
boundary line of said Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lots 1 and 2, S61 °01'20 "E
846.75' to the common corner of said Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lots 2, 3,
14 and 15, for the easternmost corner of the tract herein described and northernmost corner of Morningstar
Estates Unit 3, a map of which is recorded in Volume 67, Pages 329 and 330, said map records;
THENCE along the northwest boundary line of said Morningstar Estates Unit 3 and along the northwest
boundary line of said Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lot 14, S29 °06'20 "W
776.39' to point for the southernmost corner of the tract herein described and easternmost corner of The
Forum Mall, Biock 1, Lot 2R, a map of which is recorded in Volume 53, Page 115, said map records;
EXHIBIT "A"
Page 1 of 2
Metes and Bounds Description, December 3, 2013, Continued;
THENCE along the common southwest boundary line of said Lot 3, Block 1, The Forum Mall and northeast
boundary line of said The Forum Mall, Block 1, Lot 2R, N61 °05'46 "W 837.08' to a point for a southwest
central corner of the tract herein described and being in the southeast boundary line of The Forum Mall,
Block 1, Lot 1R, a map of which is recorded in Volume 51, Page 96, said map records;
THENCE along said southeast boundary line of The Forum Mall, Block 1, Lot 1R N28°22'38 "E 127.57' to a
point for interior central corner of the tract herein described and common easternmost corner of said The
Forum Mall, Block 1, Lot 1R and southwesterly interior corner of said The Forum Mall, Block 1, Lot 3;
THENCE along the common northeast boundary line of said The Forum Mall, Block 1, Lot 1R and westerly
boundary line of said The Forum Mall, Block 1, Lot 3 N61 °04'00 "W 399.68' to a point in said southeast right -
of -way line of Rodd Field Road for the westernmost corner of the tract herein described, westernmost corner
of said Lot 3, Block 1, The Forum Mall and northernmost corner of said The Forum Mall, Block 1, Lot 1R;
THENCE along said southeast right -of -way line of Rodd Field Road, being along a northwest boundary line
of said The Forum Mall, Block 1, Lot 3, N28 °22'27 "E 60.00' to the POINT OF BEGINNING.
Nixon M. Welsh, R.P.L.S.
EXHIBIT "A"
Page 2 of 2
RODD FIELD ROAD �N28° 22' 27" E 60. 00'
O
O
W
Cn
9 '660 3.00 ,170
EXHIBIT "B"
SKETCH TO ACCOMPANY
METES AND BOUNDS DESCRIPTION
1"=150'
THE FORUM MALL, BLK 1
LOT 3B, V. 60, P. 103, M. R.
0 75' 150'
300'
N28° 23' 53" E 589. 94'
SCALEI 1'= 150'
0
r O
cji �m -P
c z
3
W 3
DE. co
E. W
td v
3.. 0
c
N28° 22' 38" E
127. 57'
I- 561 PG.
RS 15*
r
0
-i
1
3.02 110 019S
r
0
-a
N
S29° 06' 20" W
FB & EF & GT, SECT 27, LOT 14
V. ' A' , P. 41 - 43, M. R.
BLUEBONNET GARDENS, INC.
776. 39'
MORNINGSTAR ESTATES UNIT
3, BLK 1, LOT 45, V. 67,
P. 329 & 330, M. R.
LOT 3
BASS AND WELSH ENGINEERING
CORPUS CHRISTI, TX
SURVEY REG. NO. 100027 -00,
1X ENGINEERING REG. NO. F -52,
FILE: 0(8-ZONING, JOB NO.
12089, SCALE: 1" •• 150'
PLOT SCALE: SAME, PLOT DATE:
12/03/13, SHEET 1 OF 1
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 305006
PO #
030094
Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PUBLIC HEARING TO CONSIDER which the annexed is a true copy,
was inserted in the Corpus Christi Caller -Times on:
CC- Corpus Christi Caller -Times
CC- Internet - caller.com
01/27/14 Mon
01/27/14 Mon
LEGAL SALES REPRESENTATIVE
On this dt) day of , 20 l I certify that the attached document is a true and exact
copy made by publisher.
MCHELLE JOYCE CABRERA
My Commission Expires
March 19, 2016
Notary Pu a fe f Texas
CALLER-TIMES January 27, 201413E
NOTICE OF PUBLIC HEARING
TO CONSIDER RE- ZONING
APPLICATION(S) IN THE CITY
OF CORPUS CHRISTI
Notice is hereby given that
the Corpus Christi City
Council will conduct a public
hearing on February 11, 2014
during a regular Council
meeting which commences
at 11:30 a.m. in the Council
Chambers, City Hall, 1201
Leopard, to consider the fol-
lowing zoning application(s)
which are on file in Depart-
ment of Development Ser-
vices. At said time & place
of hearing, persons & par-
ties interested may appear
before the City Council:
1. Case No. 1213 -05, BL Real
Estate Holding Company,
L.P.: From the "RS -6" Sin-
gle- Family 6 pistrict to the
"RS-6/SP" Single- Family 6
District with a Special Per-
mit for a bed and break-
fast home, not resulting in
a change to the Future Land
Use Plan. The property to
be rezoned is described as
Lot 5, Laguna Madre Cove,
located on the south side of
Martha Drive near the end of
Laguna Shores Road.
2. Case No. 0114 -02, Esteban
R. Alaniz: From the "RS -6"
Single - Family 6 District to
the "RS -4.5" Single - Family
4.5 District. The property is
described as being a 9.97 -
acre tract of land out of Lot
29, Section 49, Flour Bluff
and Encinal Farm and Gar-
den Tracts, located on the
south side of Homedale
Street, approximately 130
feet east of Retta Drive.
3. Case No. 0114 -03, The
Mostaghasi Investment
Trust: From the "CN -1"
Neighborhood Commer-
cial District and the "RM-
1" Multifamily 1 District to
the "RS -4.5" Single- Family
4.5 District. The property to
be rezoned is described as
being a 15.567 -acre tract of
land, more or less, out of Lot
3, Block 1, The Forum Mall,
and out of a portion of Lot
15, Section 27, Flour Bluff
and Encinal Farm and Gar-
den Tracts, located on the
east side of Rodd Field Road
and approximately 600 feet
north of Wooldridge Road.
Information may be obtained
by calling or visiting the
Department of Development
Services, Planning Section
at (361) 826 -3560, 2406 Leop-
ard Street.
/s/ Rebecca Huerta
City Secretary
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 317423
PO #
Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who
be' ig first duly sworn. according to law, says that she is LEGAL SALESREPRESENATIVE AND
( 1P'l 0'1 E'; . Ot 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S): N which the annexed is a true copy was
inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 02/24/14 Mon
CC-Internet - caller.com 02/ 4/14 Mon
0( __ __ -----
LEGAL SALES REPRESENTATIVE
On this ai day of Ff b , 20 N I certify that the attached document is a true and exact
copy made by publisher.
.......•—.0. Notary lublic, tate of T as
4 , \._
M,L 1EI�E 1TE CABRERA
1\1, -o m, n Expires'')`,\\�;' \., Marc 2016
1
•-',-4y-.+.-one- — —
4E I February 24,2014 I CALLER-TIMES
Legals
NOTICE OF PASSAGE OF •
ORDINANCE(S):
NO. 030093, Ordinance
amending the Unified Devel-
opment Code ("UDC"), upon
application by Esteban R.
Alaniz("Owner"), by chang-
ing the UDC Zoning
Map in reference to a 9.97
acre tract of land out of Lot
29, Section 49, Flour Bluff
and Encinal Farm and Gar-
den Tracts,from the "RS 6"
Single Family 6 District to
the "RS 4.5" Single Family
4.5 District;and NO.030094,
Ordinance amending the
Unified Development Code
("UDC"), upon application
by The Mostaghasi Invest-
ment Trust ("Owner"), by
changing the UDC Zoning
Map in reference to a 15.567
acre tract of land, more or
less, out of Lot 3, Block 1,
The Forum Mall,and out of a
portion of Lot 15,Section 27,
Flour Bluff and Encinal Farm
and Garden Tracts,from the
"CN 1" Neighborhood Com-
mercial District and "RM 1"
Multifamily 1 District to the
"RS 4.5" Single Family 4.5
District;amending the Com-
prehensive Plan to account
for any deviations; and pro-
viding for a repealer clause
and publication.These ordi-
nances were passed and
approved on second reading
by the City Council on Febru-
ary 18,2014.
/s/Rebecca Huerta
City Secretary