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HomeMy WebLinkAbout029795 ORD - 04/23/2013Ordinance amending the Unified Development Code ( "UDC ") upon application by HEB Grocery Company, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single- Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2; 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 report and recommendation regarding the application of HEB Grocery Company, LP ( "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 13, 2013, during a meeting of the Planning Commission, and on Tuesday, April 9, 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 HEB Grocery Company, LP ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444), from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 (northern 15.73 acres) and the "CN -1" Neighborhood Commercial District on Tract 2 (southern 5.48 acres) (Zoning Map Nos. 044032 & 044033), as shown in Exhibits "A," "B," and "C." Exhibit "A," which is a metes and bounds description of Tract 1, Exhibit "B," which is a metes and bounds description of Tract 2, and Exhibit "C," 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 entirety. 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. 0 9795 INDEXED SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts) and that are in conflict with this ordinance are expressly repealed. The foregoi ordinance was read for this the `day of Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb he first time and passed to its second reading on , 20 in by the following vote: +11 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregqin2 j 1iinance wa read for the second time �, nd passed finally on this the or d-ay of , 20 by the 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 J ar- day of ATTEST: Nelda Martinez Mayor 029795 ,20113. Page 2 of 2 State of Texas County of Nueces 1� RBAN ENGINEERING February 13, 2013 Job No. 37698.B2.00 Fieldnotes for a 15.73 acre tract of land (not based on an on -the- ground survey) out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 4I -43, Map Records of Nueces County, Texas; said 15.73 acre tract being more fully described by metes and bounds as follows: Beginning at a point on the southwest boundary of Timbergate Drive, a public roadway, for the east corner of this tract, from which the north corner of Lot 1, Block 1, The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344 -345, Map Records ofNueces County, Texas, bears South 61 °00'00" East, a distance of 554.91 feet; Thence, South 29°00'00" West, a distance of 859,80 feet for the south corner of this tract; Thence, North 61°04'31" West, a distance of 796.13 feet to a point on the southeast boundary of South Staples Street (F.M. 2444); a public roadway, for the west corner of this tract; Thence, North 28 °56'53" East, with said southeast boundary of South Staples Street (F.M. 2444). a distance of 845.85 feet to a point on said southwest boundary of Timbergate Drive, for the north corner of this tract; Thence, South 61 °00'00" East, continuing along the southwest boundary of said Timbergate Drive, a distance of 11.50 feet for a corner of this tract; Thence, North 73 °58'26" East, continuing along the southwest boundary of said Timbergate Drive, a distance of 21,20 feet for a corner of this tract; Thence, South 61 °00'00" East, continuing along said southwest boundary of said Timbergate Drive, a distance of 770.41 feet to the Point of Beginning and containing 15.73 acres (684.980.78 square feet) of land. Bearings are based on the recorded plat of The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344-345, Map Records of Nueces County, Texas. No monumentation found or set at corners, unless otherwise noted. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes rio responsibility or liability for its accuracy. 11A[e..b.vt, i").....1 tS.[t Vkk t`.4 DAN LEE URBAN 1 4.7 ll L. Urban R.P.L.S. `` 4 t ^!? License No. 4710 (361 1 ci rlg137698182001fn15.73aere1 SWANTNER I5R .'CORPUS CHRISTI,igellS j 1404 www urbaneng.corn EXHIBIT A TsPE Firm #145 Urban Engineerin FAX (361)854 -6001 URBAN ENGINEERING State of Texas County of Nueces J February 13, 2013 Job No. 37698.B2.00 Fieldnotes for a 5.48 acre tract of land (not based on an on -the- ground survey) out of Lots 17 and 18, Section. 11, Flour Bluff and Encino] Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 4143, Map Records of Nueces County, Texas; said 5.48 acre tract being more fully described by metes and bounds as follows: Commencing at a point on the southwest boundary. of Timbergate Drive, a public roadway, for the east corner of this tract, from which the north corner of Lot 1, Block 1, The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344 -345, Map Records of Nueces County, Texas, bears North 29 °00'00" East, a distance of 859.80 feet, South 61 °00'00" East, a distance of 554.91 feet; Thence, South 29 °00'00" West, a distance of 300.00 feet for the south corner of this tract; Thence, North 61 °04'31" West, a distance of 795.86 feet to a point on the southeast boundary of South Staples Street (F.M. 24441 a public roadway, for the west comer of this tract; Thence, North 28 °56'53" East, with said southeast boundary of South Staples Street (F.M. 2444). a distance of 300.00 feet to a point for the north corner of this tract; Thence, South 61°04'31" East, a distance of 796.13 feet to the Point of Beginning and containing 5.48 acres (238,798.76 square feet) of land. Bearings are based on the recorded plat of The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344-345, Map Records ofNueces County, Texas. No monumentation found or set at corners, unless otherwise noted. 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. Urban Engineering /1;1 Dan L. Urban, R.P.L.S. License No. 4710 (361 pe dg{376981B2ocen5.48acresi 5 SWANTNER ©R. • CORPUS CHRISTI, aAi%dp404 EXHIBIT B www,urbanenQ,com TBPE Firm #145 FAX (361)854-6001 South Staples Street (F.M. 2444} 1150 it N73'56'28"E ii2$58153"E 714E85' 21.20' 0 300.00' uz 845.85' Lot 17, Section 11 Flour Bluff and Encino! Farm and Garden Tracts Vol. A, Pgs. 41 -43, Map s of Nueces County, Texas 46 rh O m N 300.00' Proposed CG -2 15.73 Acres 859.80' 0 0 a. 0: Too Lot 5B Lot 8 _Ak. 4VhcbbP 0 s��' Lot 7 S29•OO 00 1159.80' "Point of Beginning" 1;I 15.73 Acres 4I "Point of Commencement "',f3 for 5.48 Acres Lot 1.8, Section 11 Flour Bluff and Encino! Farm and Garden Tracts $ I Vol. A, Pgs. 41 -43, Map Records of Nueces County, Texas TI 7 5'U.E. (Doc. No, 2009047355, O.R.N.C.T. r° "Point of eginning" 5.48 Acme Lot 19, Section 11 (1) Lot 1, Block 1 The Village at limbs a Unit 1 Vol. 67, Pgs. 34445, Map Records of Nueces County, Texas 20Y.R 1 W 0 Lot 1, Block 3 '5 • ' 1 Lot 1, Block 2 NCD O N 00 , O. 43a Jet,i2 30' 11 ,F Lot 18, Section 11 c � C Paz auk a 1; ! O Stonehenge Drive Lot 20, Section 11 Flour Bluff and Encino! Farm and Garden Vol. A, Pgs. 41 -43, Map Records of Nueces County, Texas Map to Accompany FIELDkOIES for o 5.48 Cdr had of land (not based an an on-fhe d saved out of lode 17 and 14 Sermon It Flour Bluff and £finial Farm and Carden Tracky a atop of which Is recorded In *Iwo 4 Pages 41-44 Mop Records s of aces Com* f4 ... Ws. l FIELDNQ1 5 for a 1573 stns had al land (nal based an are �l and roman of Lath 17 oat Duds% at ma Seam which How reoonfed !h vlalu m 4 Pages 41 --43, hap Records of Nueces Courg s Tao Tracts Lot 13, Section 11 Flour Bluff and Encino! Form and Garden Tracts Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas URBAN ENGINEERING 2725 ONAITNEI4 CORPUS mom mss MOO No 78'i (381)554 -3107, Far 0e1)8541-e REV: Feb. 15 2013 DATE: 1b• 2013 a JOB N4.: 37898.82.00 SHEET: 1 of 1 DRAWN BY: X0 E SUIVeYing1376913WOCIVev2sed relanmae10en .axo, 2/154O131.:37m144,1Waenstapllr g EXHIBIT C State of Texas Coun3f Nueces F NA C DEPAratiEtil 13 APP M4 8:1 } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 171802 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 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 03/25/13 Mon CC- Internet - caller.com 03/25/13 Mon 1 On this day of copy made by publisher. LEGAL SALES REP SENTA IVE , 20 13 I certify that the attached document is a true and exact Not y Public, State of Texas0 4E !March 25, 2013 CALLER -TIMES Legals 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 9, 2013 during a regular Council meeting which commences at 11:30 am in the Council Chambers, City Hall, 1201 Leopard, to consider the following zon- ing application(s) which are on file in Department of Devefopnent.Services. At said time ' &:place of hearing, persons & parties interested may appear before the City Council: 1.0712 -01, Garron Dean: From the "RS -6 " Single- Family 6 District to the "RS- 6 /PUD" Single- Family: 6 .District with a Planned Unit Devel- opment Overlay. The prop- erty is described as Alam- eda Estates, Block 3, Lot 8, located on the north side of Walton Place and east of Robert Drive. 2.0313.02, NEB Grocery Com- pany, LP: From the "RS -6" Single Family 6 District to the "CG-2" General Com- mercial . District on 15.73 acres (Tract 1) and the "CN- 1" Neighborhood Commer- cial. District on 5.48 acres (Tract 2). The property' is described as being 21.2.1: acre tract of land out of tots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444). 3. 0711.02, Sigifredo Mon - temayor: . A request for a Special Permit time exten- sion for an additional 12. months. The property is described as Flour Heights, Block 1, Lot 22, located along the east side. of Flour Bluff Drive approximately 350 feet north of Purdue 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. /s/ Armando Chapa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 187874 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 pub- lication 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- Internet - caller.com On this 1 u day of copy made by publisher. 04/29/13 Mon 04/29/13 Mon LEGAL SALES REPRESENTATIVE , 20 13 I certify that the attached document is a true and exact MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 -J 4E 1 April 29, 2013 CALLER -TIMES Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO. 029795, Ordinance amending the Unified Devel- opment Code ("UDC") upon application by HEB Grocery Company, LP ( "Owner "), by changing the UDC Zon- ing Map in reference to a 21.21 acre tract of land out of Lots 17 and 18, Section 11, Flour. Bluff and Encinal Farm and Garden Tracts, from the "RS 6" Single Fam- ily 6 District to the "CG 2" General Commercial District on Tract 1 and the "CN 1" Neighborhood ` Commer- cial District on Tract 2; NO. 029796, Ordinance amend- ing Ordinance No. 029355, upon application by Sigifre- do Montemayor, acting as custodian agent on behalf of Edward Montemayor, and Mearary iveth Montemayor ("Owners"), by adding ;a'12 month time extension to the special permit time limit initially approved; amend- ing the Comprehensive Plan to account for any devia- tions; and providing for a repealer clause and publi- cation. These ordinances were passed and approved on April 23, 2013. /s/ Armando. Chapa City Secretary v