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HomeMy WebLinkAbout030007 ORD - 11/19/2013Ordinance amending the Unified Development Code ( "UDC "), upon application by Braselton Homes — Shoreline Oaks, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to a 4.73 -acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "CH" Cottage Housing 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 Braselton Homes — Shoreline Oaks, Ltd. ( "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, October 9, 2013, during a meeting of the Planning Commission, and on Tuesday, November 12, 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 Braselton Homes — Shoreline Oaks, Ltd. ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 4.73 -acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located north of Slough Road and at the east end of Russ Lane, from the "CH" Cottage Housing District to the "RS -4.5" Single - Family 4.5 District (Zoning Map Nos. 041031 & 041030), 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. �() 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 foreggio9 ordinance w s read for the first time and passed to its second reading on this the Id day of lKe- Yl'lAGRA2. , 20 3, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foreg ipg ordinance as read for th second timq and passed finally on this the I day of , 20 byte following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the day of ATTEST: 24.1. Homes 20 l' Nelda Martinez Mayor 0 30'07 Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES Job No. I6198.B3.06 September 12, 2013 Fieldnotes for the rezoning of an 4.73 acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records of Nueces County, Texas; said 4.73 acre tract being more fully described as follows: Commencing at a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" found for the east corner of Lot 54, Block 1, The Cottages at Southlake Unit I, a map of which is recorded in Volume 67, Pages 775 -776, Map Records of Nueces County, Texas; Thence, South 60 °44'24" East, a distance of 37.00 feet and South 29°15'36" West, a distance of 123.00 feet for the Point of Beginning, same being the northwest corner of this tract; Thence, South 60 °44'24" East, a distance of 463.00 feet for the northeast corner of this tract; Thence, South 29°15'36" West, a distance of 496.00 feet for the southeast corner of this tract; Thence, North 60 °44'24" West, a distance of 358.00 feet for the lower southwest corner of this tract; Thence, North 29°15'36" East, a distance of 223.00 feet for a corner of this tract; Thence, North 60 °44'24" West, a distance of 105.00 feet to a point on the east boundary of Lot 13, Block 3, said The Cottages at Southlake Unit 1, for a corner of this tract; Thence, North 29°15'36" East, along the east boundary of said Lot 13, Block 3, at a distance of 250.00 pass the northeast corner of said Lot 13, Block 3, in all a total distance of 273.00 feet to the Point of Beginning and containing 4.73 acres (206,233.00 square feet) of land. Bearings based on the recorded plat of The Cottages at Southlake Unit 1, a map of which is recorded in Volume 67, Pages 775 -776, Map Records ofNueces County, Texas Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. ISTE/9 'bp An 13ANLEE URBAN "" �`t NCM•N••M ....... HH111 4770, ,;r I BAN ENGINE fNG Dan L. Urban, R.P.L.S. License No. 4710 S . Survcying1161981 133461FN4.73.dnc (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRSII.TEXAS 78404 EXHIBIT A www.urbaneng.com TBPE Firm #145 Page 1 of 1 FAX (361)854 -6001 looil 4)40043 uoumo) soxol 'Auno3 doll uspoo. 71? WJD gz uorp (011 luaLudopmea 000nN 'swam .getd 'V 1°A 101113113 ,p HnI inou S giE 101 (.1311 t2/120 2UnaML1S 212W2H U21122241 rn 1' -. cv ,d) 1 : a i 03 1 FI . ,i C- n rl: i — a .-- i .-- , co , SOX01 Ilunoo Se3seN L9 10A -= OM Ed I9LL—GLL • ,, 7 "7-: t Mun 910141noS lo soBoR03 94.1.- ,;. /7 o cv D3 V'' EXHIBIT B State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 268161 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 CC- Internet - caller.com 10/28/13 Mon 10/28,13 Mon C.JUL_JL_J LEGAL SALES REPRESENTATIVE On this day of , 20 13 I certify that the attached document is a true and exact copy made by publisher. Notary Public, tate cyr xexas MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 4E I October 28, 2013 I CALLER -TIMES caller.com /loca 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 hearing on November 12, 2013 during a regular Council ' meeting which commences at 11:30 a.m. In the Council Cham- bers, City Hall,-1201 Leopard Street, to consider the fol- lowing zoning applications 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. 0713 -02, City of Corpus Christ(: ' From the "RS -6" Single- Family 6 District to the "CC" Commercial Com- patible District. The prop- erty is described as being an approximately 82 -acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section ' 18, Bohemian Colony Lands, as shown on the map provided, located on the south side of Weber Road and on the east and west sides of Yorktown Bou- levard. 2. 0713-03, 'City of Corpus Christi: From the "RS -6" Single - Family District to the "IC" Industrial Compat- ible District. The property is described as being an approximately 102.287 -acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colo- ny Lands, and Lots 2, 4 -A and 5, Block 2, and Lot 2, Block 1 Brezina Farm Tracts, located between Bratton and Weber Roads, and east and west of Bratton Road. 3.1013 -01, Braseiton Homes - Shorellee Oaks, Ltd.: From the "CH" Cottage Housing District to the "RS- 4.5" :Sin- gle- Family ,45 District. The property is described as being a 4.73-acre tract of land out of Lot 29 Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located north of Slough Road and at the east end of Russ Lane. Informa�t�ion.may be obtained by cafling, or visiting the Dept. Of Development Ser- vices, Planning Section at (361) 8264560, 2406 Leopard Street. ° /s/ Armando Cbapa .GityetarY r ) CORPUS CHRISTI Catltt' Sales Rep: Georgia Lawson (C9190) CaHercom Phone: (361) 884 -2011 Date: I0/23/13 Account Number: 172983 (CC 18438) Company Name: CITY OF CORPUS CHRISTI Contact Name: Email: lawsong@caller.com Address: PO BOX 9277, CORPUS CHRISTI, TX, 78469 -9277 Phone: (361) 826 -3636 Fax: (000) 000 -0000 I agree this ad is accurate and as ordered. 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 hearing on November 12, 2013 during a regular Council meeting which commences at 11:30 a.m. in the Council Cham- bers, City Hall, 1201 Leop- ard Street, to consider the following zoning application 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. 0713 -02, City of Corpus Christi: From the "RS -6" Single - Family 6 District to the "CC" Commercial Com- patible District. The prop- erty is described as being an approximately 82 -acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, as shown on the map provided, located on the south side of Weber Road and on the east and west sides of Yorktown Bou- levard. 2. 0713 -03, City of Corpus Christi: From the "RS -6" Single - Family District to the "IC" Industrial Compat- ible District. The property is described as being an approximately 102.287 -acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colo- ny Lands, and Lots 2, 4 -A and 5, Block 2, and Lot 2, Block 1, Brezina Farm Tracts, located between Bratton and Weber Roads, and east and west of Bratton Road. 3. 1013 -01, Braselton Homes — Shoreline Oaks, Ltd.: From the "CH" Cottage Housing District to the "RS -4.5" Sin- gle- Family 4.5 District. The property is described as being a 4.73 -acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located north of Slough Road and at the east end of Russ Lane. Information may be obtained by calling or visiting the Dept. of Development Ser- vices, Planning Section at (361) 826 -3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary L Email: LawsonG(caller.cotn > Insertion Intbrmation This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account rep at Ad Id: 268161 P.O. No.: Total Cost: $339.45 Tag Line: NOTICE OF PUBLIC HEARING TO CONSIDER Start Date: 10/28/13 Stop Date: 10/28/13 Number of Xs: 1 Class: 16130 - Legals Publications: CC- Corpus Christi Caller- Tunes, CC- Internet - caller.com PAID WITH CONF # DATE CAF Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, E. W. Scripps reserves the right to categorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 361 - 883 -1111. Allowance may not be made for errors reported past the second print date. The Corpus Christi Caller -Times may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for which the ad did not run. . • CITY OF CORPUS CHRISTI CITY SECRETARY INTEROFFICE MEMORANDUM TO: Belinda Cortez, Finance FROM: Rebecca Huerta, Assistant City Secretary DATE: January 2, 2014 SUBJECT: Publication on November 25, 2013: Ord. No(s). 030007, 030008, and 030009 Please charge this to: Development Services -530500-4670-11200. Thank you. T2_,_L. Rebecca Huerta Assistant City Secretary cc: Annika Gunning, Development Services Yvette Francis, Development Services PUBLICATION NOTICE Person Placing Ad: Armando Chapa, City Secretary, FAX #: 826-3113 Address: P.O. Box 9277, Corpus Christi, TX 78469-9277 Section: Legal Notices First Day to Appear: November 25, 2013 Last Day to Appear: November 25, 2013 AD (S) TO READ AS FOLLOWS: NOTICE OF PASSAGE OF ORDINANCE(S): NO. 030007, Ordinance amending the Unified Development Code ("UDC"), upon application by Braselton Homes - Shoreline Oaks, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 4.73-acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District; NO. 030008, Ordinance amending the Unified Development Code ("UDC"), upon initiation by the City of Corpus Christi, Texas, by changing the UDC Zoning Map in reference an approximately 82-acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, from the "RS-6" Single-Family 6 District to the "CC" Commercial Compatible District; and NO. 030009, Ordinance amending the Unified Development Code ("UDC"), upon initiation by the City of Corpus Christi, Texas, by changing the UDC Zoning Map in reference an approximately 102.287-acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, and Lots 2, 4-A and 5, Block 2, and Lot 2, Block 1, Brezina Farm Tracts, from the "RS-6" Single-Family 6 District to the "IC" Industrial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. These ordinances were passed and approved on second reading by the City Council on November 19, 2013. /s/Armando Chapa City Secretary • CORPUS CHRISTI > Ad Proof eatittZtint5 caliercom Sales Rep:Georgia Lawson(C9190) Phone:(361)884-2011 Email:LawsonG@caller.com >Account Information >Insertion Information Date: 11/21/13 This is a proof of your ad scheduled to nut on the dates indicated below. Account Number: 172983(CC18438) Please confirm placement prior to deadline by contacting your account Company Name:CITY OF CORPUS CHRISTI rep at . Ad Id:280939 P.O.No.: Total Cost:$279.00 Contact Name: Email:lawsong@caller.com Tag Line:NOTICE OF PASSAGE OF ORDINANCE(S):N Address:PO BOX 9277,CORPUS CHRISTI,TX,78469-9277 Start Date: 11/25/13 Stop Date: 11/25/13 Phone:(361)826-3636 Fax:(000)000-0000 Number of Xs:1 Class:16130-Legals Publications:CC-Corpus Christi Caller-Times,CC-Internet-caller.com >Ad Proof I agree this ad is accurate and as ordered. NOTICE OF PASSAGE OF Farm Tracts, from the "RS ORDINANCE(S): 6" Single Family 6 District to the "IC" Industrial Corn- NO. 030007, Ordinance patible District; amending amending the Unified Devel- the Comprehensive Plan opmentca Code("UDC"),upon toiaccount for any dura- application by Braselton tions; and providing for Homes Shoreline Oaks,Ltd. repealer clause and publi- ("Owner"), by changing the cation. These ordinances UDC Zoning Map in refer- were passed and approved ence to a 4.73 acre tract of on second reading by the Th—(( land out of Lot 29, Section City Council on November 26, Flour Bluff and Encina) 19,2013. Farm and Garden Tracts, from the "CH" Cottage /s/Armando Chapa Housing District to the "RS City Secretary 4.5" Single Family 4.5 Dis- trict;NO.030008,Ordinance amending the Unified Devel- opment Code("UDC"),upon initiation by the City of Cor- pus Christi,Texas,by chang- ing the UDC Zoning Map in reference an approximately 82 acre tract of land out of Lots 3 and 4,Section 12,and Lot 1,Section 18,Bohemian Colony Lands,from the"RS 6" Single Family 6 District to the "CC" Commercial Compatible District;and NO. 030009, Ordinance amend- ing the Unified Development Code ("UDC"), upon initia- tion by the City of Corpus Christi, Texas, by changing the UDC Zoning Map in ref- erence an approximately 102.287 acre tract of land out of Lots 3 and 4, Sec- tion 12, and Lot 1, Section 18,Bohemian Colony Lands, and Lots 2,4 A and 5,Block 2,and Lot 2,Block 1,Brezina Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,E.W.Scripps reserves the right to categorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department inunedi- ately so that we can make corrections before the second print date. The number to call is 361-883-1111. Allowance may not be made for errors reported past the second print date.The Corpus Christi Caller-Times may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run.