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HomeMy WebLinkAbout031201 ORD - 07/25/2017 Ordinance amending the Unified Development Code ("UDC"), upon application by Mohammed Motaghi ("Owner"), by changing the UDC Zoning Map in reference to a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, from the "RS-6/SP" Single- Family 6 District with a Special Permit to the "ON" Neighborhood Office 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 Mohammed Motaghi ("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, a public hearing was held on Wednesday, May 17, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6/SP" Single- Family 6 District with a Special Permit to the "ON" Neighborhood Office District, and on Tuesday, July 11, 2017, 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 Mohammed Motaghi ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road (the "Property"), from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "ON" Neighborhood Office District (Zoning Map No. 045038), as shown in Exhibit "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 entities. 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. ~031201 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. • K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-07 Mohammed Motaghi\Council Documents\Reconsidered_Ordinance_0317-07_Mohammed Motaghi.docx Page 2 of 3 That the foregoing or ance was read for the first time and passed to its second reading on this the 'e`t' day of ,4_,1 , 2017, by the following vote: di Joe McComb ,s. Ben Molina Rudy Garzait r,/ Lucy Rubio I_ !A $1 Paulette Guajardo / Greg Smith I, ,A i i 1 ,Michael Hunter ;_A! Carolyn Vaughn , Debbie Lindsey-Opel `A •• That the foregoing ordina ce as read for the second time and passed finally on this the c`),c. day of , 2017, by the following vote: Joe McComb .(I, ° Ben Molina `., � Rudy Garza Lucy Rubio e , Paulette Guajardo NI Greg Smith iJ--G � Michael Hunter -Let-1 Carolyn Vaughn Debbie Lindsey-Opel ___1li,2 • PASSED AND APPROVED on this the _ day of A ' , 2017. IP l ATTEST: Rebecca Huerfa Jo= 1 cComb City Secretary M.y.r •- - .•• ntSvcs\SHARED\ZON G CASES\2017\0317-07 Mohammed Motaghi\Council •••- •• = enc _0317-07_Mohammed Motaghi.docx Page 3 of 3 1312) 1 f, , STATE OF TEXAS COUNTY OF NUECES TRACT 1 FIELD NOTES FOR A 7.05 ACRE TRACT OF LAND OUT OF THE REPLAT OF THE EDWIN E.CONNOR TRACT AS RECORDED IN VOLUME 40,PAGE 95,OF THE MAP RECORDS OF NUECES COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING ATA 3/4-INCH IRON ROD FOUND ALONG THE EAST RIGHT-OF-WAY LINE OF WEBER ROAD AND THE WEST BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,FOR THE NORTHWEST CORNER OF SAID EDWIN E.CONNOR TRACT AND THE NORTHWEST CORNER TO THIS TRACT; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST,ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,A DISTANCE OF 750.90 FEET,TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 28 DEGREES 10 MINUTES 40 SECONDS WEST,A DISTANCE OF 441.75 FEET,TO A POINT ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,FOR THE LOWER SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES20 SECONDS WEST,ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,A DISTANCE OF 210.90 FEET,TO A 3/4-INCH IRON ROD FOUND FOR THE UPPER SOUTHEAST CORNERbF SAID EDWIN E.CONNOR TRACT,AND THE UPPER SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 42 DEGREES 19 MINUTES 43 SECONDS WEST,ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,A DISTANCE OF 159.09 FEET TO A 3/4-INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF SAID EDWIN E.CONNOR TRACT,AND AN INTERIOR CORNER OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES 20 SECONDS WEST,ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,A DISTANCE OF 390.03 FEET,TO A POINT FOR THE SOUTHWEST CORNER OF SAID EDWIN E.CONNOR TRACT AND THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 28 DEGREES 10 MINUTES 40 SECONDS EAST,A DISTANCE OF 388.75 FEET,ALONG THE EAST BOUNDARY LINE OF SAID WEBER ROAD,AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT,FOR THE NORTHWEST CORNER OF SAID EDWIN E.CONNOR TRACT,THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING,CONTAINING 7.05 ACRES OF LAND,MORE OR LESS. . +.t.W*s*�*****NA ''•` . 3419 Att. ' 1'} `%�tog10`Ao 0 ' x/9//7 TRACT 2 . FIELD NOTES FOR A 5.37 ACRE TRACT OF LAND OUT OF THE REPLAT OF THE EDWIN E.CONNOR TRACT AS RECORDED IN VOLUME 40,PAGE 95,OF THE MAP RECORDS OF NUECES COUNTY,TEXAS,AND BEING MORE PARTICULARLY.DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 3/4-INCH IRON ROD FOUND ALONG THE EAST RIGHT-OF-WAY LINE OF WEBER ROAD AND THE WEST BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,FOR THE NORTHWEST CORNER OF SAID EDWIN E.CONNOR TRACT; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST;ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,A DISTANCE OF 750.90 FEET,TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST,ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,A DISTANCE OF 529.10 FEET,TO A POINT FOR THE NORTHEAST CORNER OF SAID EDWIN E.CONNOR TRACT,AND THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 28 DEGREES 10 MINUTES 40 SECONDS WEST,ALONG THE EAST BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,A DISTANCE OF 441.75 FEET,TO A 3/4-INCH IRON ROD FOUND ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,FOR THE SOUTHEAST CORNER OF SAID EDWIN E.CONNOR TRACT AND THE SOUTHEAST CORNER OF THIS OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES 20 SECONDS WEST,ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E.CONNOR TRACT,A DISTANCE OF 529.10 FEET,TO A POINT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 28.DEGREES 10 MINUTES 40 SECONDS EAST,A DISTANCE OF 441.75 FEET,FOR THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING,CONTAINING 5.37 ACRES OF LAND, MORE OR.LESS. :� ._.%. ''"Vic•- VICTOR E.MEDINA ii l ?ROSIC O1;' . ;,,`, SUR r.- • -.). PROPOSED RE-ZONING OF: ' � � I a THE EDWIN E. CONNOR TRACT 41,4, �ij� ,.,,,,S1 TE 4, THIS IS TO CERTIFY THA' HAVE CONSULTED THE FEMA MAPS AND ,iiIia ., ; FOUND THAT THE HEREIN SHOWN PROPERTY IS NOT LOCATED IN A I , - SPECIAL•FLOOD HAZARC AREA ZONE C THIS THE 9TH .my of MARCH 2017 I •:!Wit ,,' REFERENCE• O VOLUME 40 PAGE(S) _MAP RECORDS `,,,,, ., 3 " NUECES COUNTY,TEXAS. 44111491\* �•; ,,t• F NOTE:HAS SURVEY IS FOR'NE Sae USE OF THE BUYER.TILE COMPANY. �, ��, e4 OR MORTGAGE COMPANY IN'.FIs TRANSACnON CItY �- 1 ra♦ p ♦♦ tea. I� 11 ♦ � .- 42 6 LOCATION MAP j 1" c 400' N / o-° EXISTING ZONING=RS-6 ��° PROPOSED ZONING=CN-1 w E 41, X X �s N ysfo O� ^ //- -\\ sds "Y S h o-' Rw X E 'o ACES N (307064.23 SO.FT.) ' S IP1 TRACT 1 537 ei ACRES 0 (233729.89 SQ.FT.) _4 TRACT 2 GRAPHIC SCALE . • �6>e EXISTING ZONING=RS-6 • �'0, PROPOSED ZONING=CG-2 II (IN FEE?) 1 IoAh- BO N. • asfo • P° t, y'L° .4 slDro 0,,0' THE UNDERSIGNED DOES HEREBY CERTFY THAT THIS SURVEY WAS THIS DAY MADE,ON THE GROUND OF THE PROPERTY.LEGALLY DESCRIBED HEREON AND IS CORRECT;AND THAT THERE ARE NO DISCREPANCIES. CONFUCT5.SHORTAGES IN AREA.BOUNDARY UNE CONFLICTS,VIORLE ENCROACHMENTS,OVERLAPPING OF IMPROVEMENTS,EASEMENTS OR `iji 41 APPARENT RIGHTS-OF-WAY,EXCEPT AS SHOWN HEREON,AND SAID PROPERTY)1AS ACCESS TO.AND FROM A DEDICATED ROADWAY,EXCEPT akR MEDINA CONSULTANTS AS SHO H EON. ENGINEERING&LAND SURVEYING,INC. • Z117/Z(4 y�8x 'O 4131 AYERS,SUITE 225 SN, Corp ENEMAS.1'X 78415 VT TOR S.MEONA,REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS (BBI)B'17-1250 FAx(981)893-2958 LICENSE NO.3419 MARCH 89,2017 R"ii 6 ;°n'' EXhihi1R SHEET 1 OF 1 t x'77/0 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 1661252 PO# Before me, the undersigned, a Notary Public, this day personally came C•CQ caso '7 , 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 06/25/17 Sun CC-Internet - caller.com 06/25/17 Sun LEGAL SALES REPRESENTATIVE On this day of („l/w2__ , 20 n I certify that the attached document is a true and exact copy made by pu isher. ;"It`-y=4;;/ate of Texas ,:„1 "" , SYLVIA P PEREZ • My Notary ID#126819013 '�� 5' Expires February27,2021 ,,E,�,E,. P Caller-Times Sunday,June 25,2017 7E Legals Liquor Permits 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 pub- lic hearing on July 11, 2017 during a regular Council meeting which commences at 11:30 a.m. in the Coun- cil Chambers,City Hall, and 1201 Leopard Street,to con- sider the following zoning application which is/are on file in the Department of Development Services. At said time&place of hearing, persons&parties interested may appear before the City Council: Case No.0317-07 Mohammed Motaghi: From the "RS-6/ SP" Single-Family 6 District with a Special Permit to the "CN-1" Neighborhood Com- mercial District. The prop- erty is described as being a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County,Texas,located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road. Case No. 0617-01 MVR Con- struction Company: From the "RS-6" Single-Family 6 District to the "RS-6/PUD" Singte-Family 6 District with a Planned Unit Development. The property is described as being Country Club Estates Unit 20, Block 1, Lot 1. The property is located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive. /5/Rebecca Huerta City Secretary PUBLISHER'S AFFIDAVIT State of Texas ) CITY OF CORPUS CHRISTI County of Nueces ) Ad # 1701652 PO # // Before me, the undersigned, a Notary Public, this day personally came C�!•£a of , 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 07/31/17 Mon CC-Internet - caller.com 07/31/17 Mon LEGAL SALES REPRESENTATIVE On this Bd ay of , 20 (- I certify that the attached document is a true and exact copy made by public P . s Not ry Public, State of Texas insSYLVIA P PEREZ lA• " _. .: . : My Notary lD#128819013 11iF Wm:February 27,2021 Caller-Times Monday,July 31,2017 9B Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO.031201,Ordinance amend- ing the Unified Development Code("UDC"),upon applica- tion by Mohammed Motaghi ("Owner"), by changing the UDC Zoning Map in refer- ence to a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40,Page 95, of the map records of Nueces County,Texas,from the "RS-6/SP" Single-Fam- ily 6 District with a Special Permit to the "ON" Neigh- borhood Office District; amending the Comprehen- sive Plan to account for any deviations; and providing for a repealer clause and publication. This ordinance was passed and approved on second reading by the Corpus Christi City Council on July 25,2017. /s/Rebecca Huerta City Secretary