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HomeMy WebLinkAbout029632 ORD - 09/18/2012Ordinance amending the Unified Development Code ("UDC") upon application by Mohammad Rezaei ("Owner"), by changing the UDC Zoning Map in reference to 8.943 acres out of the North one-half (1/2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; 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 Mohammad Rezaei ("Owner"), for an amendment to the City of Corpus Christi's UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 18, 2012, during a meeting of the Planning Commission, and on Tuesday, September 18, 2012, 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. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 8.943 acres out of the North one-half (1/2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located on the southeast corner of Purdue Road and Flour Bluff Drive, from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District (Zoning Map No. 037030). Exhibit "A," which is a description of the Property, and Exhibit "B," which is a survey of the Property, are both attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect the 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 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 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 as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. 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. 029632 INDEXED SECTION 8. 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 mee r so that inane is passed upon first reading as an emergency measure on this ay of 2012. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe me Mayor Page 2 of 3 K\DevelopmentSvcs\SHAREDIZONING CASES1201210712-04 Mohammed RezaeilCouncil Packet10712-04 Ordinance Rezaei FINAL 8-20-12.docx Corpus Christi, Texas lq+Zof Sk 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, Council Members The above ordinance was passed by the followin. vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez 006011-4—iAlfr Mark Scott Page 3of3 K:IDevelopmentSvcsISHARED\ZONING CASES\201210712-04 Mohammed RezaeilCouncil Packe80712-04 Ordinance Rezaei FINAL 8-20-12.docx 029f 32 Eawow r5kNn.: 85112306 EXHIBIT "A" ARL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same belag the North 1l2 of Lot 17, Section 49, Flour Bluff' and Enciaal Farm and Garden Tracts u recorded in Volume A, Pages 41-43 of the Map Records ofNaeces County, Texas, same being the property as conveyed and described in Volume 1050, Page 621 of the Deed Records of: Names County, Texas, and being more pardeularly described by metes and boundsas follows, to wit: BEGINNING at a 518 inch iron rod found for the East corner of this tract, same being the North corner of Retta Place Unit 1 as recorded in Volume 47, Pages 35-36 of the Map Records of Nueces County, Teras, same lying in the Southwest right-of-way mergiin of Purdue Road; THENCE, along the Northwest boundary line of said Retta Piave Unit 1, South 29° 02' 26" West 628.85 feet to a 60d nail found for the South corner of this tract, saute being the East corner of a 1.747 acre tract as recorded in Document No. 2003017306 of the Warranty Deed Records of Nneces County, Texas, same lying in the Northwest boundary line of Lot 13, Block 3 of said Retta Place Unit 1; I1th,NCE, along the Southwest boundary line of this tract and the Northeast bou ndary line of said 1.747 acre tract, passing through a 5/8 inch iron rod fogad at 0A4 feet, at 212.90 feet passing through the North corner of said 1.747 acre tract and fine East corner of a 1821 acre tract as recorded in Document No. 2003017304 of the Warranty Deed Records of Nueces County, Texas, a total distance of 619,56 feet to a 5/8 Inch iron rod found for the West corner of this tract, same being the North corner of said 1.8221 acre tract, same Iying in the Southeast right-of-way margin of Flour BluffDinive; THENCE, along said Southeast right-of-way margin of Flour Bluff Drive, North 29° 00' 03" East 618.27 feet to a 518 inch iron, rod set for the Northwest coupler of this tract, same being the point of curvature of a ten foot radius curve at the intersection of said Flour Bluff Drive with said Purdue Road;. THENCE, along said cine to the right with a ten foot radius, a central angle of 90° 00' 00", a tangent of 10.00 feeta length of arc of 15.71 feet and a chord bearing and length of North 74° 00' 00" East 14.14 feet to a 5/8 inch iron rod set for the point of tangency of said curve, same being the Northeast corner of this tract, same lying m said Southwest aright -of - way margin of Purdue Road; THENCE, along said Southwest right-of-way margin of Pardee Road, South 610 00' 00" East 610.00 feet to the point of beginning and containing 8.943 acres of laud. NOTE: Company isprnhrbited from insuring the area or quantity of the lend described heneln There ore, Company oloes not represent that the acreage or square footage calculations are comet References to quantity are for informational pu poses only. • Exhibit A 6b SANITARY SUER GRAN sou VA 4h 'RATER VN. 4,•\- sac I<vbRu, I%ai xlni ua�Tar EXHIBIT B PURDUE ROAD (60' ROW) ([S61°00'00"E 610.00']) QHAHT„.E. OSANRARY SEWER MIN HOLE FIRE MURAHT° POWER PULS (TOP. FLOUR BLUFF DRIVE (80' ROW) r. N oDuj f,0O O In p Pb O N O z Z 94E HY004r e EnTr& ANO_4N ilei / r.o ue tari LUTA N60156'52"W 619.:7' N60'56'47"W 619. ' 6' 1.821 ACRES OF 9 1/2 OF LOT 17 DOC.# 2003017304 (W.D.R.N.C.) NOTES: (1.) Found 5B` I.R. all lot comers unless noted otherwise. (2.) Hovaa TIHa are to the foundation. Ronald A. Voss, a Registered Professional Land Surveyor, do herby certify that this survey was made on the ground of the property shown hereon under my direction and supervision; that his my knowledge end belief; that there are no apparent encroachments or overlapping of improvements xiith the deed lines except as shown hereon. This Survey was performed without the benefit da Title Policy or Title Opinion. NOTE: THIS SURVEY IS FOR THE SOLE USE OF THE BUYER{ TITLE COMPANY, OR MORTGAGE COMPANY IN THIS TRANSACTION ONLY. NO LICENSE HAS BEEN CREATED, EXPRESSED OR IMPLIED. TO COPY THE SURVEY, WHICH IS VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. BUYER: DATE: 05/10/2012 PO 600 . O 0HAIL V s%s• 6H.M Hri 1.747 ACRES OF S 1/2 OF WT 17 DOC.# 2003017306 (W.D.R.N.C.) This property lies within Zone C, according to FIRM 85, which is not within the 100 year Flood Plain. NOT VALID WITHOUT ORIGINAL SIGNATURE AND ORIGINAL SEAL, Registered Professional Land Surveyor State of TOWS No. 2293 REVISION: 06/27/2012 CREW: RS 8r DL OFFICE: RV & MM GF#: JOB#: 12-7462 KEY: WOOD FENCE [RECORDED] WIRE FENCE (MEASURED) VINYL FENCE 8.943 AC., The N.E. 1/2 of Lot 17, Section 49, Flour Bluff & Encinal Farm & Garden Tracts Volume A, Pages 41-43 (M.R.N.C.T.) Corpus Christi, Nueces County, Texas VOSS ENGINEERING, INC. ENGINEERING & LAND SURVEYING 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEXAS 78415 PHONE: 361.854.6202 FAX 361.853.4696 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 6004257 PO # CO 64 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/3/2012, 9/3/2012. $ 192.78 1Time(s) LEGAL SALES REPRESENTIVE On this 17+4 day of l 1 , 20d- I certify that the attached document is a true and an exact copy made by publisher. MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Notary " bi c, State �. f Texas GE •)) September 3, 2012 CALLER -TIMES caller.c Legal Notices 1110 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION($):. OF THE CITY OF CORPUS CHRISTI Notice is hereby giv- en that the Corpus Christi City Council will conduct a public hearing on Septem- ber 18, 2012 during a regular Council meet- ing which commences at 12:00 pm In the Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(e) which are on file in the Office of the City Secretary & the Dept. of Planning. At said time & piece of hear- ing, persons It parties interested may appear before the City Council: 1. 0712-04, Moham- mad Rezael: From the "RM -1" Multifami- ly 1 District to the "RS -6" Single-Farrilly 6 District — located on the southeast corner of Purdue Road and Flour Bluff Drive. 2. 0812-01, Steven Bright: From the "RS -6" Single -Family 6 District to the "CR -2" Resort Com- mercial District' — located on the south- west corner of Commodore's Drive and Aquarius Street. ' .Information may be bbtained by calling or visiting the Dept. of Development Ser- vices, Planning Section at (361) 826-3560, 2406 Leopard St. le/ Armando Chapa Citypecretary