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Home My WebLink About030093 ORD - 02/18/2014Ordinance amending the Unified Development Code ( "UDC "), upon application by Esteban R. Alaniz ( "Owner "), by changing the UDC Zoning Map in reference to a 9.97 -acre tract of land out of Lot 29, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single - Family 6 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 Esteban R. Alaniz ( "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, January 15, 2014, during a meeting of the Planning Commission, and on Tuesday, February 11, 2014, 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 by Esteban R. Alaniz ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 9.97 -acre tract of land out of Lot 29, Section 49, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located on the south side of Homedale Street, approximately 130 feet east of Retta Drive, from the "RS -6" Single - Family 6 District to the "RS -4.5" Single - Family 4.5 District (Zoning Map No. 037030 & 036030), 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. 030093 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 foregoln ordinance wa read for the first time and passed to its second reading on this the t day of Nelda Martinez I,� ' Kelley Allen C� Rudy Garza Priscilla Leal (0)YA,J David Loeb �- The foreg this the 20 N1 by the following vote: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott ordinance 4 as read for the second time and passed finally on ay of , 20 IL f, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the ATTEST: izzLe.r.„c_e_ Cit Secretary �rF \0114- 2 ordin n )', , :+ Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 'O day of Nelda Martinez Mayor :1 Page 2 of 2 MURRAY BASS, JR., P.E.,R.P.LS, NIXON M. WI Lso, www.hass- welsh.com e -mail: fiNmw a aol.com BASS & WELSH ENGINEERING TX Registration No. F.52 Survey Registration No. 100027.00 P.O. Box 6397 Corpus Christi, TX 78466.6397 November 22, 2013 Field Note Description 3054 5. ALAMI DA, 7.1P 78404 361 882. 5521— FAx 361 882 -1265 e -mail: murrayir&anl.com Description of a 9.970 acres of land (called 9.960 acres) out of Lot Twenty -nine (29) Section Forty -nine (49), FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, in Nueces County, Texas, according to the map or plat recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; and said 9.970 acres tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod found at a southeast corner of Lot 7, Block 2, Kay Homes Subdivision, as shown by plat recorded in Volume 28, Page 56, Map Records of Nueces County, Texas, and said point in the northerly line of Lot 8, Block 2, Kay Homes Subdivision, as shown by plat recorded in Volume 35, Page 140, Map Records of Nueces County, Texas; THENCE, North 28 degrees 53' 23" East, following the easterly line of said Block 2, Kay Homes Subdivision, pass a 5/8 inch iron rod found at 632.17 feet marking the northeast corner of said Block 2, for a total distance of 657.30 feet to a 1/2 inch iron rod set for the northeast corner of herein described tract of land, same being the northwest corner of Lot 29, Section 49, Flour Bluff & Encinal Farm & Garden Tracts; THENCE, South 61 degrees 03' 00" East, 659.07 feet (called S 61 deg. 04' 15" E) with the southerly right of way line of Homedale Street (25' wide) to a 5/8 inch iron rod found for the northeast corner of Grand view Mobil Homes subdivision, as shown by plat recorded in Volume 51, Page 134, Map Records of Nueces County, Texas; THENCE, South 28 degrees 49' 24" West, 659.90 feet (called 5 28 deg. 46' 38" W, 658.10 feet) with the westerly line of Grand View Mobil Homes subdivision to a 5/8 inch iron rod found for the southeast comer of Lot 2, Tract 3; Waldron Subdivision - Annex, as shown by plat recorded in Volume 41, Page 81, Map Records of Nueces County, Texas; THENCE, North 60 degrees 49' 27" West, 659.84 feet (called N 61 deg. 00' 07" W, 660.32 feet) with the northerly line of said Lot 2 and thence with the northerly line of said Lot 8, Block 2, Kay Homes Subdivision to the POINT OF BEGINNING and containing 9.970 acres of land. Note: Description has been prepared from a document of record and does not represent a survey made an the ground. MBJ :sab 13076 -M &B.doc EXHIBIT "A" Page 1 of 1 FET A DAVE 528'53'23 "W 657.30 t w 0 0 [: • Z v 528'49'24 'W 659.90' N Cr J Aulmo TIFI PROPOSED REZONING LOT 29, SEC 49, F.B.& E.F.&G.T. 9.97 AC, ESTEBAN R. ALANIZ -OWNER EXHIBIT B State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 305006 PO # D3bo1� 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 01/27/14 Mon 01/27/14 Mon LEGAL SALES REPRESENTATIVE On this 91) day of , 20 l I certify that the attached document is a true and exact copy made by publisher. MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Notary Pu6h a fei6f Texas CALLER-TIMES January 27, 201413E - 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 February 11, 2014 during a regular Council meeting which commences Chambe a.m. Cityt Hal Council 2 Leopard, to consider the fol- lowing zoning application(s) which arg 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. Case No. 1213 -05, BL Real Estate Holding Company, L.P.: From the "RS -6" Sin- gle- Family 6 Qistrict to the "RS-6/SP" Single- Family 6 District with a Special Per- mit for a bed and break- fast home, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lot 5, Laguna Madre Cove, located on the south side of Martha Drive near the end of Laguna Shores Road. 2. Case No. 0114 -02, Esteban R. Alanix From the "RS -6" Single- Family 6 District to the "RS -4.5" Single- Family 4.5 District. The property is described as being a 9.97 - acre tract of land out of Lot 29, Section 49, Flour Bluff and Encinal Farm and Gar- den Tracts, located on the south side of Homedale Street, approximately 130 feet east of Retta Drive. 3. Case No. 0114 -03, The Mastaghasi Investment Trust From the "CN -1" Neighborhood Commer- cial District and the "RM- 1" Multifamily 1 District to the "RS -4.5" Single - Family 4.5 District. The property to be rezoned is described as being a 15.567 -acre tract of land, more or less, out of Lot 3, Block 1, The Forum Mall, and out of a portion of Lot 15, Section 27, Flour Bluff and Encinal. Farm and Gar- den Tracts, located on the east side of Rodd Field Road and approximately 600 feet north of Wooldridge Road. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826 -3560, 2406 Leop- ard Street. /s/ Rebecca Huerta City Secretary .A _ ..: .;__._-- PUBLISHER'S..AFFIDAVIT. State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 317423 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 PASSAGE OF ORDINANCE(S): N which the annexed is a true copy. was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 02/24/14 Mon CC-Internet - caller.com 02/ 4/14 Mon LEGAL SALES REPRESENTATIVE On this�-) day of R b , 20 I -4 I certify that the attached document is a true and exact copy made by publisher. Th(ylii___ Notary ublic, State of T as /C----77 - ' M;CHELLE JOYCE CABRERA 'A My Commission Expires 1 March 19, 2016 4E I February 24,2014 I CALLER-TIMES legals NOTICE OF PASSAGE OF ORDINANCE(S): NO. 030093, Ordinance amending the Unified Devel- opment Code ("UDC"), upon application by Esteban R. Alaniz("Owner"), by chang- ing the UDC Zoning Map in reference to a 9.97 acre tract of land out of Lot 29, Section 49, Flour Bluff and Encinal Farm and Gar- den Tracts, from the"RS 6" Single Family 6 District to the "RS 4.5" Single Family 4.5 District;and NO.030094, Ordinance amending the Unified Development Code ("UDC"), upon application by The Mostaghasi Invest- ment Trust ("Owner"), by changing the UDC Zoning Map in reference to a 15.567 acre tract of land, more or less, out of Lot 3, Block 1, The Forum Mall,and out of a portion of Lot 15,Section 27, Flour Bluff and Encinal Farm and Garden Tracts,from the "CN 1" Neighborhood Com- mercial District and "RM 1" Multifamily 1 District to the "RS 4.5" Single Family 4.5 District;amending the Com- prehensive Plan to account for any deviations; and pro- viding for a repealer clause and publication.These ordi- nances were passed and approved on second reading by the City Council on Febru- ary 18,2014. /s/Rebecca Huerta City Secretary