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HomeMy WebLinkAbout029806 ORD - 04/30/2013Ordinance amending the Unified Development Code ( "UDC ") upon application by Hernando Ariza Soto, acting as agent on behalf of 9292 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, Fallin's Riverside Subdivision, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial 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 Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ("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 Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision (the "Property"), located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District (Zoning Map Nos. 064050 & 064051), 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. 02,9806 INDEXED SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision) 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 of inance w ,s read for the first time and passed to its second reading on this the A J ay of Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb , 20 by the following vote: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoing ordinance s read or the second time and passed finally on , 20 43, by the following vote: this the .j D 1`day of 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: Armando Chapa EFFECTIVE DATE — 2 et r rases SotoHA R56 to CG2 vFinal2 , 20 1 Nelda Martinez Mayor 029806 Page 2of2 PISANI ENGINEERING 0.482 Acres State of Texas County of Nueces Job No. 42755.00.00 February 19:, 2013 Fieldnotes or a 0.482 acre tract of land (not based on an on-the-ground survey). outof a 1.804 acre tract of land, out of'Tract 12, Fallin's Riverside Subdivision, a map of which is recorded in Volume 4, Page 60, Map. Records of Nueces County, Texas; said 1.804 acre tract of land,describedin.W.arranty Deed recorded in Document.No. 2012049469, Official Public Records ofNueces County, Texas; said 0:482 acre tract of land being more ftilly described by metes and bounds as.follows: Conunencing at the northeast corner of Lot 19, Block 1, Farias Grant Subdivision, a map of which is recorded in Volume 34, Page 25, Map Records of Nueces County,. Texas, same being the northwest comer.of said x.804 are tract of land and being on the south boundary of Leopard Street, a public roadway; Thence, South 36 °44'05 West, along the common boundary ofsaid.Lot.19, Block 1 and said 1.804 acre tract, at 254.50, feet pass the southeast corner of said Lot 19, in all a total distance of 259.73 feet to'. the Point of Beginning and northwest corner of this tract; Thence, South 55 °04'59" East, along the northeast boundary of this tract, a distance of 219.67 feet -to a point on the west boundary of a 0.14 acre tract of land out of Tract 12, Fallizfs Riverside Subd. ivision, a reap of Which is recorded. in Volume 4, Page 60, Map Records of Nueces County, Texas; - Thence, South 36 °2.0'41" West, along the. west boundary of said 0.14 acre tract of land, adistance of 2.73, feet for the common corner afsaid 0.14 are tract of land with Lot 1, Block 12, Failin's Riverside. Subdivision, a map of which is recorded in Volume 47, Page 204, Map. Records ofNueces County,. Texas and a 0.7029 acre tract of land out of said -Tract 12, Fallin's Riverside Subdivision; Thence, South 48 °07'3.8" West, a distance of 99.91 feet to a point on the northeast boundary of a 1.68 acre tract of land out of said Tract 12, Fallin's Riverside Subdivision, for the southwest corner of said 0.7029 acre tract, same being the southeast corner of this tract; Thence, North 55 °04'59" West, along the common boundary of said 1.804 acre tract and said 1.68 acre tract, a distance of 199.94 feet to a point on the east boundary of a 4.4779 are tract of land out of Tract 23, Gregorio Farias Grant, Abstract 592, for the southwest corner of this tract; lierbanfs021Dataftmeying1 +42755100001FN4275SOCK10.dere Page 1 oil FAX (361)854 -6001 (361)854 -3101 2726 SWANTNER DR.. CORPUS CHRISTI, TEXAS 78404 www, urbaneng,com TEPE Firrn #145 EXHIBIT A ■ Thence, North 36°4405" East, along the common boundary of said 4.4779 acre tract and said 1.804 acre tract, same being along the northwest boundary of this tract, a distance of 100.05 feet to the Point of Beginning and containing 0,482 acres of land. Bearings are based on description of 1.804 acre tract of land described in Warranty Deed recorded in Document No. 2012049469, Official Public Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signattre, appears in its entirety, in its original form, surveyor assumes no responsibility for its'accuraey. Urban Engineering Da L. Urban, R.P.L.S. License No. 4710 klUrbanfs021Dataorreying142755100001FN42755000iXdoe Page 2 of 2 EXHIBIT A 1.804 Acres out of Tract 12, 'PAWS. filyakaido Subdivision VaL 4, Pg. 40, Mop Records of Nutted County, TOists (Warranty Deed dated 12/19/2012 Doc. No. 2012049469, 0.P.R.N.C,T.) 'Vci S." „is Ail SP. 0V47 44 2.73' r S3610'41 "W 0.7029 Acme out of Tract 12, RiVerside Subdivisla V0f. 4. Pg. 60, Mop Records of Minos. County, Texas (Owner: Robert H. Wing, et ux) Sketch to Accompany mania 1 2r a 0,482 dem troSt of 140 .(001 based on as on-theissund sow) out of 0 LEO acre lard ef lanc4.out of Tract a Pale}es • RiVerside Subdliaron, amp of With is reaorSed. 14114ime 4 Page fia Map '-wr& of Mieces County; Team; sold 1.804 conk frac! of land dumbed * Ow* Dad reseeded Docamsnt 2012049489, Offlcial Pubffc Records of Name coy* tam 90 60 30 0 120 liA■111S...iin Graphic Scale r=60 URBAN' DATE: Feb. 191 2013 ENGINEERING CORPUS CHRISTI. TEXAS "litAntroir 4.1" rbecir2f4soor EXHIBIT B SCALE: •1°2•60 JOB NO.: 42755.00.00 SHEET: 1 of 2 DRAWN BY: XG 02012 by Urban Engineering State of Texas Conn f Nueces } } PUBLISHER'S AFFIDAVIT .ii CITY OF CORPUt IP'FI Pfl 2: 16 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 - Tinges, 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, Refugia, 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 day of , 2013 I certify that the attached document is a true and exact copy made by publisher. No Public, State of Texas 4E !April 8, 2013 6 CALLER-TIMES 1,AgaI5 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. Hall, 1201 Leopard, to consider the following 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 prop - erty is described as being an 18.25 -acre tract of land out of the Thomas Gallagher Survey, Abstract 988, and the lames 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 Nernec, 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 "RS -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 Horne 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, Failin'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. /s/ Armando Chaim 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.,