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HomeMy WebLinkAbout028723 ORD - 08/17/2010r ORDINANCE Page 1,of 3 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY EXTREME HOMES OF TEXAS, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.49 ACRES OUT OF MCKINZIE PARTITION TRACT 1-C, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R- IC" ONE -FAMILY DWELLING 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 Extreme Homes of Texas, LLC, 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, June 23, 2010, during a meeting of the Planning Commission, and on Tuesday, August 17, 2010, 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 3.49 acres out of McKinzie Partition Tract 1-C, located at Shallow Creek Drive, from "R-1 B" One -family Dwelling District to "R-1 C" One - family Dwelling District. (Zoning Map 06049) (Exhibit A) 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 aniendrnent 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. 028723 H:1LEG-DIR1SharedlLEGAL-DEV.SVCS12010 Agenda18-17-101CASE NO. 0610-04 EXTREME HOMES OF TEXAS, LLC10610- 04.ExtremeHomes R-1B.R-1C.zoning.doc INDEXED Page 2 of 3 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 35-3 of the Zoning Ordinance of the City of Corpus Christi. 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 sot t this or• inance is sassed upon first reading as an emergency measure on this day of -t1 �1_ , , 2010. ATTEST: Armando Chapa City Secretary APPROVED: Borah Walther Brow Assistant City Attorney For City Attorney , 2010 CITY OF CORPUS CHRISTI iriVtilWirf Joe Adame Mayor, City of Corpus Christi H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda18-17-101CASE NO. 0610-04 EXTREME HOMES OF TEXAS, LLC10610- 04.ExtremeHomes R-1B.R-1C.zoning.doc Page 3of3 Corpus Christi, Texas l766dayof 172010 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, Respectfully, Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Adc- /131- Agta 460161 0 2 72.3. EFFECTS Oa Avoit,K4-?3)X610 H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda18-17-101CASE NO. 0610-04 EXTREME HOMES OF TEXAS, LLC10610- 04.ExtremeHomes R-1B.R-1C.zoning.doc SUBJECT PROPERT ASSESSORS 3 13 81001LY Fr9pardd Sy: 43R :o ma ra Qea le d'wrses CASE: 0610- 4 EXHIBIT A PLANNING COMMISSION STAFF RECOMMENATION ORDINANCE NO. LNV INC 801 Navigation, Suite 300 Corpus Christi, Texas 78408 (361) 883 -1984 -Fax (361) 883-4986 Field note description for a 3.49 acre tract of land out of a McKenzie Partition Tract 1-C, described and recorded in Document No. 2007014515, Nueces County, Texas Deed Records, said 3.49 acre tract of land being more particularly described by Metes and Bounds as follows:' Commencing ata 518 inch iron rod found in the Northeast corner :of Maple Hills Subdivision Unit 5 a subdivision of the City of Corpus Christi, Texas, recorded in Volume 67 Page 160, Nueces County, Texas Map Records ; Thence South 09°-03'-00" West a distance of 538.89 feet to a point for the most: Northeasterly corner of said 3;49 acre tract and the Point of Beginning; Thence South 09°-03'-00'? West a distance of 610.00 feet to a point for the most, Southeasterly corner of said 3:49 acre tract; Thence North 80°-57'-00" West a distance of 92.03 feet to a point for an interior corner and the P. C. of a circular curve to the left of said 3.49 acre tract; Thence in a Southwesterly direction with the are of said curve to the Left, whose Central Angle is 900-00'- 00",' whose Radius is 1.5.0 feet, an Are Distance of 23.56 feet, and a Chord Bearing of South 54°-03'-00" West to a point for the P.T. of said curve and an interior corner of said 3.49 acre tract; Thence North 80°-57'-00" West a. distance. of 50.00 feet to a point for an interior corner and the P. C. of a circular curve to the left of said 3..49 acre tract; Thence in a Northwesterly directionwith the arc of said curve to the left, whose Central Angle is 90%00'- 00", 0°-00'-00" : whose Radius is 15.0 ..feet,. an Arc Distance of 23.56 feet, and a Chord Bearing of North 35°-57'-00". West to a point for the P.T. of said curve and an interior corner of said 349 acre tract; Thence North 09°D-03'-00" East a distance of 60.00 feet to a point for an interior corner of said 3.49 acre tract, Thence North 80°-57'-00" West a distance of 90.95 feet to a point for an interior corner of said 3.49 acre tract; Thence North 09°-03'-00" East a distance of 530.00 feet to a point for the most Northwesterly corner of said 3.49 acre tract; Thence South 80°-57'-00 East a distance of 90.95 feet to a point for an interior corner and the P.C. of a circular curve to the right of said 3.49 acre tract; Thence in a Southeasterly direction with the arc of said curve to the right, whose Central Angle is 90°-00'- 00", whose Radius is 15.0 feet, an Arc Distance of 23.56 feet, and a Chord Bearing of South 35°-57'-00" East to a point for the P.T. of said curve and a corner of said 3.49 acre tract; Thence South 80°-57'-00" East a distance of 50.00 feet to a point for an interior corner and of said 3.49 acre tract; PAGE 1 OF 2 Thence North 09°-03'-00" Easta distance of 35.00 feet to a. point for an interior corner and of said 3.49 acre tract; Thence South 80%-57'=0©" East a distance of 107.03 feet to a point for the. most Northeasterly corner of said. 3.49 acre tract and the. Point of Beginning;: Containing 3.49 (151890.17 Sq. Ft.) acres more or less. State •of Texas County of Nueces 1, Robert M.:Viera, a Registered Professional Land Surveyor, of LNV INC, do hereby certify that the foregoing fieId notes were prepared from information of record and a survey made on the ground under my. direction Robert M. Viera R.P.L.S. State of Texas License No. 6178 3 ROBERT M. VIES et.,446178 ivy 14,sP.PetiS0:10 stili►.^, PAGE2OF2 11 'MAPLE f i J 1 1 t MAPLE HILLS :.SUBDIUIS!ON UNIT :5 r`� _7 { _--�1 1 I 1. j7 Biro it ..1 / . -� 1 i .,LL \4E 61 f'ACE '16(.? -ti -. -v-_17 it 1 1 h4 l'.. fa, �� T w 41 CREEK' i_ --• r+ N ; 1 J , 1' 4 N Ewr DR/U ? 9� , 'Q '°, ..! _ I iy,°QaW2 SCALE 1:300 E S 80.s , 35.00'b E _ 1�� _--_• r a hoz s ,43.,.9:5 7,00„ o 80.s7, ''5•001-,.. _ i, 0 �O.JS C1 1017'0011 ' o 0 Lj 0 0 0 .z 0 M 0 0 NOTE: N 80'571001' W 90.95'- N 09'03►00h E _� 60. D0' 1. RE -ZONE FROM R -1B. "ONE FAMILY DWELLING" TO R --1C "ONE FAMILY DWELLING" CURVE TABLE CURVE LENGTH RADIUS DELTA, C1 23.55' 15.00' 90100'00" C2 23.56' . 15:00' 90'00'00" ::.C3 2156' .: 15.00' 90'OO'00" N 80'57'001' N 80'571 00 W 50.00' 92.03' FUTURE /TUE DV -Q L. OP/L,iEN i MAPLE HILLS SUBDIVISION_ LOT I BLOCK 1 VOLUME 51, :PAGE 30 M.R.N. C.T. STONEWALL BLVD MAPLE HIL, CEVisio r nc /AAE 6v. F S • SUBDI 4RN.C, r; i o OZ - co O 0 - f,' ,'i I., E.- ENGiNi- CITY a CORPUS CHRISTI ti t-. t hly �:;i !rl [ I _ E Rii\,l , ,-i-?VdCE`> LNV engineers 1 architects I contractors 801NAV16pSI0N.81117E3co - PH._(161]'sE4.3A - CORPUS CHRISTI. TEXAS Tame - - PAX IMO 8L .1BA6 FBPE FIRit NO. F•381 - W4WJ;LNVINC.CUM CITY OF CCF PI S; CHRISTI ExTREME I�oMES OF TEXAS MAPLE HILLS: SUBDIVISION UNIT 6A RE—ZONING OF 3.49 ACRES FROMI/y�. 1 FROM R. -1B . TO R— I C State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5946836 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 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 Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO CONSIDER ZON which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/2/2010, 8/2/2010. $ 218.97 1Time(s) SALES EPRESENTIVE On this 2/iday of , 2X69I certify that the attached document is a true and an exact copy ade by p blisher. fki WENN J, MEDINA MY COMMISSION EXPIRES Moot 2, 2012 Nota Public, State of Texas CALLER -TIMES K August 2, 2010 « 3E Legal Notices MO NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby: giv- en that the Corpus Christi City Council will conduct a public hearing on August 17, 2010 during a regular. Council meet- €ng; which commences at 12:00 pm in the. Council Chambers, City Hall, 1201 Leopard, to conside rthe following zoning applications which are on file in the Office of the City Secretary.& the Dept. of Planning. At said time & place of hear- ing, persons. & parties interested may appear before the City Council: 1. 0610-03, Jack R. Baker: From the 'AB" Professional Office District to the "B-1" Neighborhood Busi- ness District Located in Northwest Estates, Biock 11, Lot 4, at 4030 River Hill Dr. 2. 0610-04, Extreme Homes of Texas, LLCM: From the "R -1B'' One -family' Dwelling District to the "R -1C" One -family ' Dwelling District` - Located at Shallow Creek Dr. 3. 0610-05, City of Corpus Christi: Zon- €ng recently annexed properties to the "R -1,B" One-Famlly Dwelling. District - Lo- cated: along the southern shoreline of Nueces Bay. Information may be obtained by calling or visiting the Dept. of Development. Ser- vices, ervices, Planning Section at {361) 826-3560, 2406 Leopard St. /s/Armando Chapa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5948283 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 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 Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0287 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/23/2010,8123/2010. $ 146.22 1Time(s) On this t9LlWday of \ I LEGAL SALES 12(EPRESENTIVE 20 DI certify that the attached document is a true and an exact copy ' ade by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2,2012 Nota Public, State of Texas sae VALgust3,2lo 1 ER=TIV ' PASSAGE OF ORDINANCES NO. 028722, 'Arnend- ing"the Zoning Ord., upon application by Jack R. Baker, by changing the Zoning Map in reference to Northwest Estates; Block11, 1,ot 4 from B Professional Of- ce ':District to B/SP" Professional. ffice District with pecial Permit to ai-' w: the operation of - staurant, subject. tog Site Plan & save 7) conditions; an spa O. 028723, Amend ng the Zoning Ord., pon application b xtreme Homes o exas, LLC; ;b hanging the Zonin! ap in : reference t.., .49 acres out o ckinzie Partltio ract 1-C, from `1:1-1B" One -family` welling District to, Fl -1C .One -family`' Dwelling .District.'l These ord. were passed & approved. by the Corpus Christi'' City Council on. Au- gust 17, 2010. /s/Armando Chapa wiwistagiltARIKAV