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HomeMy WebLinkAbout029808 ORD - 04/30/2013Ordinance amending the Unified Development Code ( "UDC ") upon application by The Lakes at King Estates, Inc. ( "Owner "), by changing the UDC Zoning Map in reference to a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, from the "RMH" Manufactured Home 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 of The Lakes at King Estates, Inc. ( "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, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, 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 Lakes at King Estates, Inc. ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension, from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District (Zoning Map Nos. 037031, 038031), 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. 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. 029808 INDEXED SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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. The foregoing o dinance w s read or the first time and passed to its second reading on this the may of , 20 13) by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foreg 9 rdinance s rea• for the second time and passed finally on this the J day of r ,;It F , 20 0, by the following vote: i A.4 1 Chad Magill illColleen McIntyre Lillian Riojas Mark Scott Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Aueod R ' PASSED AND APPROVED this the -day of ATTEST: Armando Cha•a City Secret ry EFFECTIVE DAM Lakes at King Est tes Inc RMH to 5 Final 2Q2.303' 7 , 20 (8 Nelda Martinez Mayor 029808 Page 2 of 2: State of Texas County of Nunes fob No. 23808.132.00 February 21, 2013 FIELDNOTES for a 24.93 acre tract of land (not based on an on- the - ground survey) out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; said 24.93 acre tract of land being more fully described by metes and bounds as follows: COMMENCING at a point on the northeast boundary of Lot 13, Section 40, said Flour Bluff and Encinal Farm and Garden Tracts, same being the southwest boundary of said Lot 7, for the south comer of this tract, from which point the west comer of Lot 8, Block 3, Shoreline Oaks Subdivision Unit 1, a map of which. is recorded in Volume 64, Pages 255 and 256, Map Records of Nueces County, Texas, bears South 61°2715V East, a distance of 435 feet; THENCE, North 61 '27'50" West, along the northeast boundary of said Lots 12 and 13, Section 40, said Flour Bluff and Encinal Farm and Garden Tracts, same being the southwest boundary of said Lots 7 and 8, a distance of 595.65 feet for the most southerly corner of this tract and for the POINT OF BEGINNING; THENCE, North 61°27'50" West, along the northeast boundary of Lots 11 and 12, said Section 40, same being the southwest boundary of Lots 8 and 9, said Section 40, and of this tract, a distance of 644.97 feet, to a point, and for a comer of this tract; THENCE, along the southwest boundary of this tract, as follows: North 20 °31'53" East, 550.02 feet; North 15 °47'52" East, 79.97 feet; North 11 °42'56" West, 80.04 feet; North 46°39'12" West, 232.81 feet; North 37 °59'05" West, 26.77 feet; North 16 °39'51" West, 333.91 feet; THENCE, North 25 °08'20" East, a distance of 331.51 feet, to a point on the southwest boundary of Lot 1, said Section 40, same being the northeast boundary of Lot 9, said Section 40, for the most northerly corner of this tracij THENCE, South 61°27'50" East, along the southwest boundary of Lots 1, 2 and 3, said Section 40, same being the northeast boundary of said Lots 8 and 9 and of this tract, a distance of 1096.79 feet for most easterly comer of this tract; THENCE, along the southeast boundary of this tract, as follows: South 28 °32' 10" West, 293.50 feet; South 61°27'50" East, 15.26 feet; THENCE, South 28 °32' 10" West, continuing along the southeast boundary of this tract, a distance of 110.85 feet, for the beginning of a circular curve to the left whose radius point bears (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 of2eng.eom s1 Surveying1 23g Og1B2001Zoning 1FN2493acressHs.doc Page TBPE Firm #145 EXHIBIT A FAX (361)854 -6001 South 61 °27'50" East, a distance of 585.00 feet and having a central angle of 16 °21'26 ", a radius of 585.00 feet, a tangent length of 84.08 feet and an arc length of 167.01 feet; THENCE, with said circular curve to the left, continuing with the southeast boundary of this tract, an are length of 167.01 feet for the point of tangency; THENCE, South 12 °10'44" West, continuing along the southeast boundary of this tract, a distance of 546.52 feet; THENCE, along the southeast boundary of this tract, as follows: South 28 °32'10 "West, 50.00 feet; South 61°27'50" East, 7.49 feet; THENCE, South 28°32'10" West, 176.65 feet, to the Point of Beginning and containing 24.93 acres of land. Bearings based on the recorded plat of Shoreline Oaks Subdivision Unit 1, a map of which is recorded in Volume 64, Pages 255 and 256, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its original form, surveyor assumes no responsibility or liability for its accuracy. Urban Engineering Dan L. Urban, R.P.L.S. License No. 4710 •-•DAN LEE URBAN '47102 S:1 5urveying1238481B2001ZoningWN24 .93acressHS.doc Page 2 of 2 EXHIBIT A �%~mNNM�cV�a��n rWv °�ioo �N(�fpR (ON m ��NNfRUi z J N IR 1 O N J J EXHIBIT B State of Texas Count,of Nueces } } PUBLISHER'S AFFIDAVIT Ir1l n... �,_ i i CITY OF CORPU IP_' I ptt 2 1 6 Ad # 179018 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 Patricia counties, and that the pub- lication 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 04/08/13 Mon 04/08/13 Mon LEGAL SALES REPRESENTATIVE On this ,P-D. day of , 2013 I certify that the attached document is a true and exact copy made by publisher. 9i2A41 Public, State of Texas 4E 1 April 8, 2013 I CALLER- ilNMES Legal 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 hear- ing on April 23, 2013 during a regular Council meeting which commences at 11:30 am in the Council Chambers, City Hail, 1201 Leopard, to consider the.folrowing zon- ing application(s) which are on file in Department of Development Services. At said time & place of hearing persons & parties interested may appear before the City Council: 1. 0313 -01, Elizabeth Anne Meaney: From the "RS- 6" Single- Family :6 District to the "IL /SP" Light Industrial District with a Special Per- mit for the wholesale stor- age and distribution of fuels and lubricants. The rop- erty is .described as bein an 18.25 -acre tract of land out of the Thomas Gallagher Survey, Abstract 988, and the James W. Ward, Abstract 1031, located on the south side of State Highway 44, approximately 110 feet east. of South Clarkwood Road. 2. 1212 -01, Minerva V. Moro: From the "RS -6" Single - Family 6 District to the "ON" Office District. The property is described as Nemec, Block 2, Lot 5, located on the southwest corner of Nemec Street and Dodd Drive. 3. 0313 -04, George Shaheen: From the "CN -1" Neighborhood Commer- cial District to the "R5 -4.5" Single - Family 4.5 District. The property is described as being: a 3.136 -acre tract of land out of Lot 1B, Block 1, King's Crossing West Unit 1, located along: the north side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444). 4. 0313 -05, The Lakes at King Estates, Inc.: From the "RMH" Manufactured Home District to the "RS- 4.5" Single - Family 4.5 Dis- trict. The property is described as being a 24.93 - acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension. 5. 0313 -03, Hernando Ariza Soto: From the "RS- 6" Single - Family 6 District to the "CG -2" General Com- mercial District. The prop- erty is described as being a 0.482 -acre tract of land out of Tract 12, Fallin's Riv- erside Subdivision located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road. Information may be obtained by calling or visiting the Dept. of Development Ser- vices, Planning Section at (361) 826 -3240, 2406 Leop- ard St. /c/ Armanrin rhana State of Texas Count of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 191217 PO # Before me, the undersigned, a Notary Public, this day personally c e 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 CC-Intemet - caller.com 05/06/13 Mon 05'061-13 Mon LEGAL SALES REPRESENTATIVE On this iq day of NAaj , 2013 I certify that the attached document is a true and exact copy made by publisher. MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 otary Public, St as NOTICE OF P E OF ORDI CE(S) NO. 029805, Ordinance amending the Unified Devel- opment Code ("UDC") upon application by Minerva V. Muro ("Owner"), by chang- ing the UDC Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the "R5 6" Single Family 6 Dis- trict to the "RS 6/SP" Sin- gle Family 6 District with a Special Permit; NO. 029806, Ordinance amending the Unified Development Code ("UDC") upon application by Hernando Ariza Soto, actin as agent on behalf of 929 Enterprises, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 0.482 acre tract of land out of a 1.804 acre tract of land out of Tract 12, Fa Inn's Riverside Subdivision, from the "RS 6" Single Family 6 District to the "CG 2" General Com- mercial District; NO. 029807, Ordinance amending the Unified Development Code ("UDC") upon application by George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ("Owner"), by changing the UDC Zon- ing Map In reference to a 3.136 acre tract of land out of Lot IB, Block 1, Replat No. 1, King's Crossing West Unit 1, from the "CN 1 Neighbor- hood Commercial District to the "RS 4.5" Single Family 4.5 District; NO. 029808, Ordinance amending the Unified Development Code ("UDC") upon application by The Lakes at King Estates, Inc. ("Owner"), by changing the UDC Zoning Map in refer- ence to a 24.93 acre tract of land out of Lots 8 and 9, Sec- tion 40, Flour Bluff and Enci- nal Farm and Garden Tracts, from the "RMH" Manufac- tured Home District to the "RS 4.5" Single Family 4.5 District; amending the Com- rehensive Plan to account or any deviations; and pro- viding a repealer clause and publication. These ordi- nances were passed and approved on April 30, 2013. /s/ Armando Chapa City Secretary Legals Notice To Bidders The Nueces County Purchas- ing Agent, Elsa N. Saenz, will receive sealed competitive bids for the site grading, excavation, embankment build-up, and erosion con- trol by seeding of the Utrer Oso Watershed Water ual- ity Improvement & Ha itat Education Project (IFB No. 2927-13) not later than 2:00 PM an May 29, 2013, and shall open at 2:00 PM on May 29, 2013 in the Purchas- ing Office, Nueces County Courthouse, 901 Leopard Street, Room 106, Corpus Christi, TX 78401. The Bid- der must submit bid, perfor- mance and payment bonds. A pre-bid conference has been scheduled for 9:00 AM on May 20, 2013 at LYON- DELLBASELL Park, located at 11233 Haven Dr., Corpus Christi, Tx. 78410. see bid package for details. County will pay for this contract by check method and will be a lump sum price bid. Speci- fications and Drawings are available in the Purchasing Office during regular work- ing hours from 8:00 AM to 12:00 PM and 1:00 PM to 5:00 PM or call 361-888-0426. Elsa N. Saenz Nueces County Purchasing Agent www.co.nueces.tx.us FiED Here -rielCkr4afiedii IedcatIadi an Cali 11 111.1111111111111111111111111,1115111111111115.,