HomeMy WebLinkAbout027698 ORD - 05/13/20081
AN ORDINANCE
WAIVING THE REQUIREMENTS IN SECTIONS V.A. .a 1 AND
.A.3.b , CORPUS CHRISTI PLATTING ORDINANCE, RELATING
TO THE INSTALLATION OF PERMANENT WATER AND
WASTEWATER SERVICE TO MAPLE HILLS SUBDIVISION, UNIT 5,
AND THE RECORDING IN OF THE FINAL PLAT; AUTHORIZING THE
CITY MANAGER, , oR DESIGNEE, TO EXECUTE A DEVELOPMENT
AGREEMENT WITH JOHN AND LINDA MIKULENCAK, WHICH
AUTHORIZES THE FILING OF A FINAL PLAT FOR MAPLE HILLS
SUBDIVISION, UNIT 5, BEFORE PERMANENT WATER AND
WASTEWATER SERVICE IS PROVIDED TO THE DEVELOPMENT;
PROVIDING FOR SEVERANCE; ANCE; AND DECLARING AN EMERGENCY.
WHEREAS, John and Linda Mikulencak, the developers of the Maple Hills Subdivision
Unit 5 have requested a variance from the City's 75% Completion of Construction
requirement for recordation of the final plat, which requires the installation of permanent
water and wastewater service to the subdivision before the plat is recorded;
WHEREAS, EAS, the construction of the permanent water and wastewater service to this
subdivision is contingent upon completion of utility improvements included within the
City's capital improvement project for reconstruction of Up River Road between
McKenzie Road and Rand Morgan Road;
WHEREAS, the construction of the subdivision was originally scheduled to coincide with
the Up River Road improvements, completion of the subdivision has progressed, but
completion the City's project has been delayed;
WHEREAS, the City's project is anticipated to be complete in late September or early
October at the earliest;
WHEREAS, the subdivision meets all requirements for 75% completion, except for the
final off-site water and wastewater connections associated with the City project;
WHEREAS, the developers are requesting that plat recordation be allowed before these
improvements are completed so that vertical construction of residential structures may
begin;
WHEREAS, the City and developers desire to work together in good faith to provide
public and private improvements serving the general area of the Project for the benefit
of the citizens of the City and surrounding areas;
WHEREAS, strict compliance on the provisions of the Platting Ordinance relating to the
filing of the final plat in this unique situation would create an unreasonable and
exceptional hardship on the developers;
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WHEREAS, the Planning C mmissi ri reviewed the proposed development plan at its
April 29, 2008, meeting for consistency with the City's comprehensive plan, and
recommended it's execution;
WHEREAS, with proper notice to the public, a public hearing was held on Tuesday,
May 13, 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, good cause exists to allow the filing of the final plat for Maple Hills
Subdivision, Unit 5, before permanent water and wastewater service is provided to the
development;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Council waives the requirements in Section .A.3.a 1 and
.A.3.b 2) of the Corpus Christi Platting Ordinance relating to the installation of
permanent water and wastewater infrastructure and the recordation of the final plat of
Maple Hill Subdivision, Unit 5.
SECTION 2. The City Manager, or designee, is authorized to executed a development
agreement with John and Linda Mikulencak, developers of Maple Hills Subdivision, Unit
.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision f this ordnance, for it is the
gral p
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 4. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and(2)suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first readingas an emergency measure on this the 13th day of May, 2008.
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MikulencakDevAgreeOrd
ATTES
THE I OF CORPUS CHRISTI
Awl" -
Armando Chapa He Garre
City Secretary Mayor
APPROVED: This 2nd day of May, 2008:
R. JafR ning
First As i to t City Attorney
For City Attorney
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Corpus Christi, Texas
13th day of May, 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: l/eve, 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,
H ry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike HummelI
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Mikuienc kDevAgree rd
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