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Home My WebLink About030226 ORD - 07/15/2014Ordinance amending the Unified Development Code ( "UDC "), upon application by Mostaghasi Investment Trust ( "Owner "), by changing the UDC Zoning Map in reference to 19.271 Acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "RS -6" Single- Family 6 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 of 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, June 4, 2014, during a meeting of the Planning Commission, and on Tuesday, July 8, 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 by Mostaghasi Investment Trust ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on 19.271 Acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Caribbean Drive approximately 1,900 feet east of Flour Bluff Drive (the "Property "), from the "RE" Residential Estate District to the "RS -6" Single - Family 6 District (Zoning Map No. 037029), 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, 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. 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. 030226 INDEXED 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. The foreg g ordinance as read for the first time an assed to its second reading on this the ay of Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb , 20 , by the following vote: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoin ordinance was read for the second time pnd passed finally on this the t`Pl'ay of • . 1. , 20 11+-by the following vote: trW II Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the I day of Chad Magill Colleen McIntyre Lillian Riojas Mark Scott A17(2-1z-e,e,eA0-, TEST: Rebecca Huerta City Secretary 20 14 Nelda Martinez Mayor 030226 Page 2 of 2 MURR'AY BASS, JR., P.11, R.P.L.S. NIXON M. WELSH, P.E.,R.P.L.5. www.bass- welsh.com e -mail: nixmw @aol.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 STATE OF TEXAS § COUNTY OF NUECES § 3054 S. ALAMEDA, ZIP 78404 PH. 361 882-5521-- FAx 361 882 -1265 e -mail: murrayjr @aol.com November 22, 2013 13064- MBB.doc Description of a 19.271 acre tract of land more or less, a portion of Lots 12 & 13, Section 50, Flour Bluff and Encinal, Farm and Garden Tracts, a map of which is recorded in Volume "A" Pages 41 -43, Map Records, Nueces County, Texas, said 19.271 acre tract of land as further described by metes & bounds as follows: BEGINNING at 5/8" iron rod set at the westernmost corner of Highland Oaks Unit 5, Block 5, Lot 38, a map of which is recorded in Volume 65, Pages 123 & 124, said map records, said beginning paint for the northernmost corner of the tract herein described; THENCE along the southwest boundary line of said Highland Oaks Unit 5, Block 5, S61° 00'00 "E 654.99' to a 5/8" iron rod set for the southernmost corner of Highland Oaks Unit 5, Block 5, Lot 47 and being in the northwest right - of -way line of Saint Luke St.; THENCE along said northwest right away line of Saint Luke Si S29 °00'00 "W 3.72' to a 5/8" iron rod found for easterly interior corner of the tract herein described and right -of -way corner of said Saint Luke St. THENCE S61 °00'00 "E 165.00' to a 5/8" iron rod found for the easternmost corner of the tract herein described and southernmost corner of said Highland Oaks Unit 5 and being in the northwest boundary line of Highland Oaks Unit 1, a map of which is recorded in Volume 47, Pages 6 & 7, said map records; THENCE along said northwest boundary line of Highland Oaks Unit 1 S29 °00'00 "W, at 776.78' pass a 5/8" iron rod found for the westernmost corner of said Highland Oaks Unit 1, Block 3, Lot 78, in all a distance of 1020.78' to a 5/8" iron rod set in the northeast right -of -way line of a 40' wide public road (not open) for the southernmost corner of the tract herein described; THENCE N61 °00'00 "W 819.99' along said northwest right -of -way line of 40' wide public road (not open), being along a line 20' northeast of and parallel to the southwest boundary line of said Lots 12 & 13, to a 5/8" iron rod set for the westernmost corner of the tract hcrein described in the northwest boundary line of said lot 13; THENCE along said northwest boundary line of Lot 13 N29 °00'00 "E 1024.50' to the POINT OF BEGINNING. EXHIBIT "A" Page 1 of 1 Exhibit A N on M. Welsh, R.P.L.S. FB & EF & GT, SECTION 50, V. ' A', P. 41 - 43, M. R. ANDERSON LAND, LTD., DOC. NO. 2013050321, 0. P. R. . AND DOC. 2013050343, 0. P. R. LOT 19� T 14 N29' LOT 20 1�T 13 { 1"..****"...j" I CI laJ ns� Pci L. Q U U N61' 00 00` W LOT 20 1J T 13 LOT 21 1,3T 12 20' ROBERT BRYAN JOHNSON, DOC. 2006010155, 0. P. R. 00' 00' E 1024. 50' LOT 14 LOT 13 38® 39 6 40 N '.0 �v 41 wN 41.3 42 a t� N Ca 43 zz- 44 ;D ge 45 > S29' 00' 00' W 46 3. 72' 47 LOT 13 LOT 12 ST. LUKE ST, S61' 00' 00' E 18 165. 00' �92 3 O 9278 77 /I\ 64 6351 0 7 '76165' 62 51 HIGHLAND OAKS UNIT 1, V, 47, P. 6 & 7, M. R. 0 100' 200' 400' SCALD 1'= 200' 49 36 48 3 O S29' 00' 00' W 1020. 78' SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1' = 200' BASS ANO WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027 -00, TX ENGINEERING REG. NO. F -52, ALE EX8- ZONING, JOB NO. 13064, SCALE: i' - 200' PLOT SCALE: SAME, PLOT DATE: 2/27/14, SHEET 1 OF 1 Exhibit B PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 368919 PO # 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 06/23/14 Mon CC-Internet - caller.com 06/214 Mon LEGAL SALES REPRESENTATIVE 1'� f' On this(),C3 day of erl Ylt , 20 ,`1 I certify that the attached document is a true and exact copy made by publisher. P PEA Not Public, State of Texas I ; MY COMMISSION EXPIRES roomy 27,2017 CALLER-TIMES 1 June 23,201413E Legals NOTICE OF PUBLIC HEARIN TO CONSIDER RE-ZONING PPLICATION(S)IN THE CIT OF CORPUS CHRISTI Notice is hereby given that the Corpus Christi City Council will conduct a pub- lic hearing on June 24, 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. 0614-01 Dalia Ayala Holdings, LLC and Gonzalez Family Partner- ship, Ltd.: From the "RS-6 Single-Family 6 District to the "CG-2" General Com- mercial on Tract 1 and to the "CN-1" Neighborhood Com- mercial District on Tract 2. The property to be rezoned is described as being 7.61 acres out of Lots 17, 18, 31, and 32, Section 11, Flour Bluff and Encinal farm and Garden Tracts, located on the east side of South Sta- ples Street, approximately 300 feet north of Corsica Road. 2.Case No.0614-02 Mostagha- DD at? si Investment Trust: From the "RE" Residential Estate District to the"RS-6"Single- Family 6 District,the proper- ty to be rezoned is described as being 19.271 acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Carib- bean Drive about 1,900 feet east of Flour Bluff Drive. Information may be obtained by calling or visiting the Department of Development Services at (361) 826-3240, 2406 Leopard Street. /s/Rebecca Huerta City Secretary i PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 379491 PO # 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 PASSAGE OF ORDINANCE(S) NO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 07/21/14 Mon CC-Internet - caller.com 07/21/14 Mon ,_As--ku_A_(_,---- LEGAL SALES REPRESENTATIVE On this `"l day of V u-- , 20 1 (/ I certify that the attached document is a true and exact copy by p made b publisher. LI i/L./ Notary Public, Sta - of Texas / J4\ MICHELLE JOYCE CABRERA ', My Commission Expires March 19, 2016 4E 1July 21,2014 1 CALLER-TIMES caller.com/localfii • Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO. 030225, Ordinance amending the Unified Devel- opment Code("UDC"), upon application by Dalia Ayala Holdings, LLC and Gonza- lez Family Partnership, Ltd. ("Owners"),by changing the UDC Zoning Map in refer- ence to 7.61 acres out of Lots 17, 18,31 and 32,Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "CG-2" Gen- eral Commercial District on Tract 1 and to the "CN-1" Neighborhood Commer- cial District on Tract 2; NO. 030226, Ordinance amend- ing the Unified Development Code("UDC"),upon applica- tion by Mostaghasi Invest- ment Trust ("Owner"), by changing the UDC Zoning Map in reference to 19.271 Acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Gar- den Tracts, from the "RE" Residential Estate District to the "RS-6" Single-Family 6 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 July 15,2014. /s/Rebecca Huerta City Secretary