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HomeMy WebLinkAbout031089 ORD - 03/21/2017 Ordinance amending the Unified Development Code ("UDC"), upon application by Oceanic Development, LTD.("Owner"),by changing the UDC Zoning Map in reference to a 2.98 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 1 and 2; from the "RM-1" Multi-family 1 Residential District to the "CG-2" General Commercial District; amending Plan CC 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 by Oceanic Development, 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, January 25, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RM-1" Multi-family 1 Residential District to the"CG-2" General Commercial District, and on Tuesday, February 28, 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 Oceanic Development LTD, ("Owner"), the Unified Development Code ("UDC")of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.98 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 1 and 2; located approximately 300 feet north of the north right of way of South Padre Island Drive (State Highway 358) between Rodd Field Road and Lexington Road (the "Property"), from the "RM-1" Multi-family 1 Residential District to the "CG-2" General Commercial District (Zoning Map No. 040034), 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. 031089 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. That the foregoing or Ina ce was read for the first time and passed to its second reading on this the 'ay of fkjoKl 2 0017, by the following vote: Mayor Y __Ct-g.,1- Ben Molina _If_ Rudy Garza t ! Lucy Rubio ____4_ Paulette Guajardo fli Greg Smith t ,1 Michael Hunter I.A ,• Carolyn Vaughn tA.A! Joe McComb i i That the forgoing ordinance was rea for the second time and passed finally on this the day of \-11(11 air( , 2017, by the following vote: Mayor Vat OA.k. Ben Molina /� , / Rudy Garza a . , Lucy Rubio IL / I Paulette Guajardo .../ Greg Smith . _. _a Michael Hunter I Id Carolyn Vaughn lidu Joe McComb _____a2aL_ . PASSED AND APPROVED on this the 9\1 day of M1 (WC/ 017. ATTEST: I 'Llae-t_,cc, fIL-('4-re; Caw Rebecca Huerta Mayo City Secreta FFECTIVE DATE e"ve o entSvcs HARED\ZON, G CASES 12017\0117-07 Oceanic Development,LTD(Carmax)\Council Docum t \Ordir c _ It - 7 Oce nic Development.docx /_ II LPage 2 of 2 031039 I 7[ L._ URBAN ENGINEERING , Job No.42724.B605 November 28,2016 2.98 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 2.98 Acre Zoning Tract, of Lots 1 and 2, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, being a portion of the remainder of an 8.920 Acre Tract, described in a Warranty Deed with Vendors Lien,from Oshman Investments,Ltd.,a Texas limited partnership,to Oceanic Development, Ltd.,a Texas limited partnership,as recorded in Document Number 2002032580,of the Official Public Records of Nueces County,Texas;the said 2.98 Acre Zoning Tract being more fully described as follows: Commencing,at a 5/8 Inch Iron Rod stamped"URBAN ENGR CCTX"Found,on the Northeast Right-of-Way of South Padre Island Drive,a public roadway,as shown on a Texas Department of Transportation Map(TXDOT),CONST.CSJ:0617-01-170, Sheet 10; Thence, North 28°45'35" East, with the common line of the Southeast line of Lot 2, Block A, Joslin Tracts,a map of which is recorded in Volume 40,Page 2,of the said Map Records,and the Northwest line of the said 8.920 Acre Tract, 313.82 Feet,to a point in the said common line, for the Point of Beginning,and the West corner of this Tract; Thence,North 28°45'35" East,with the said common line,403.01 Feet,to the West corner of Lot 1, Block I, The Village at Oso Bay, a map of which is recorded in Volume 67, Page 765, of the said Map Records, for the North corner of this Tract; Thence,South 61°09'57" East,over and across the said 8.920 Acre Tract,with the Southwest line of the said Lot 1, 327.68 Feet, to a 5/8 Inch Iron Rod stamped"URBAN ENGR CCTX" Found, on the common line of the Northwest line of Lot 4-B, Block A, Joslin Tracts,a map of which is recorded in Volume 35, Page 69,of the said Map Records,and the Southeast line of the said 8.920 Acre Tract,being the South corner of the said Lot 1,for the East corner of this Tract; S tSurveymg 427241B6051FN_42724B602 docx Page 1 of 1 (361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm U 145•TBPLS Firm#10032400 Exhibit A Thence, South 28°50'44" West, with the said common line, 390.73 Feet, to a point in the said common line, for the South corner of this Tract, from Whence, a 5/8 Inch Iron Rod stamped "URBAN ENGR CCTX"Found,on the said Northeast Right-of-Way of South Padre Island Drive, bears South 28°50'44"West,321.90 Feet; Thence, North 63°18'57" West, over and across the said 8.920 Acre Tract, 327.31 Feet, to the Point of Beginning,containing 2.98 Acres (129,930 SqFt)of Land, more or less. Grid Bearings and Distances described herein are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this Fieldnotes description, including preamble,seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Dec. 27,2016 P , *"\S.OF "t •TF URBAN ENGINEERING Tf 0).'c° Rook JAMES DAVID CARR 1ft �: 6458 vnz„ `9i� SUR ko' James D. Carr, R.P.L.S. License No. 6458 S\Surveying\42724\86051FN 427248602 docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145•TBPIS Firm#10032400 Exhibit A r L Lot 2, Block A Jesiln Tract Vol. 40, Pg. 2, MR.N.C.T. Doc. No. 2013017827. OP.R.N,C,T. Owner. Camcopp Sky Harbor. U.C. o Texas Iknited IIoblaty company qnt 8'4407" E1 N 28'45'35" E 403.01' 50 100 GRAPI-IIC SCALE 1 =100 N 28'45'35 E 313.82' Point of Commencement 0Cs Point of Beginning 5 26'50'44" W 321.90' 4' % Zoning Tract 2.98 Acres 129,930 Set of Lots 1 and 2, Section 28 Flour Bluff and Encinol Farm and Garden Tracts Vol. A, Pgs. 41-43, M.R.N.C.T being the remainder of a 8.920 Acre Tract Doc. No. 2002032580, 0.P.R.N.C.T. owner. Oceonic Development, LTD., a Texas Limited Partnership ,89'LZ£ 3 .LS,60.19 S I. --. a 60' B L I Vol 35, Pg. 69 M. R.N.C. T. Exhibit B Sketch to Accompany Fieldnotes, for a 2.98 Acre Zoning Tract, of Lots 1 and 2, Section 28, Flour Bluff and Encino! Farm and Garden Trocts, a mop of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, being o portion of the remainder of an 8.920 Acre Tract, described in a Worronty Deed with Vendors Lien, from Oshman Investments, Ltd., a Texas limited partnership, to Oceanic Development, Ltd., a Texas limited partnership, as recorded in Document Number 2002032580, of the Official Public Records of Nueces County, Texas. S 28"50'44' W 390.73' Lot 4-0, Blo , Jos!M Tract Vol 35 Pg 69, 1.1R N C.T. Doc No. 2014006040, 0. P.R. N C.T. Owner Butler Rental Property, LLC. a Texas limited liability company dty Easement 07, Pg. 765 M RNC T LEGEND: O 5/8 tach. iron Rod stomped URBAN ENGR CCT){" Found t9 5/8 Inch Iron Rod stomped "Frontier Surveying" Found • 5/8 inch Iron Rod Found • TXDOT Monument Found Type 1) (broken) O TXDOT Monument Found (Type in DATE: 11(28/2016 SCALE: 1 =100' JOB NO.: 42724.8605 SHEET: 1 OF 2 DRAWN BY: CDS urbatsurvey1 Curbaneng.com 02016 by Urban Engineering 111 ENGINEERING URBAN mr rws 14 1.6. 1tRo r.0 14 042140 rns 040400 PR, 0744 aet1A Tx rMW nom 211,44.B01 PMAINID4COI Exhibit B PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 1476647 PO# Before me, the undersigned, a Notary Public, this day personally came e1- (—0 WS Or ), 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 02/12/17 Sun CC-Internet- caller.com 02/12/17 Sun A L A L SALES REPRESENTATIVE On this C/ vday of R , 20 11 I certify that the attached document is a true and exact copy made by publisher. 1 Notary Public, State of as °•;:•, MICHELLE JOYCE CABRERA 1 My Notary ID#124664183 y• Y; Expires March 19:2020 Caller-Times Sunday, February 12,2017 5E 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 hearing on February 28,2017 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. 0117-06 Port City Pontiac-GMC, Inc.: From the"CG-2"General Com- mercial District to the "IL" Light Industrial District. The property to be rezoned is described as Boulevard Acres Lots E2, G, and F2 located on the suth side of South Padre Island Drive (State Highway 358) between Larcade Drive and Kostoryz Road. �91t` Case No. 0117-07 Oceanic Development,LTD:A change of zoning from the "RM-1" Multi-family 1 District to the "CG-2" General Commer- cial District. The property is described as being a 2.98 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 1 and 2, located on the north side of South Padre Island Drive (State Highway 358) between Rodd Field Road and Lexington Road. /s/Rebecca Huerta City Secretary PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 1542718 PO# Before me, the undersigned, a Notary Public, this day personally came a� , 1,--a(-4-)(507) , 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 03/27/17 Mon CC-Internet - caller.com 03/27/17 Mon Aj LEGAL SALES REPRESENTATIVE l I , On this '11 day of Irt , 20 ` I I certify that the attached document is a true and exact copy made by publisher. 1)L —jL- Notary Public, State of Texas j ;• ; " MICHELLE JOYCE CABRERA 1;•:'� My Notary 10 tt'24?64183 e•; . Exp res March 19 2720 Caller-Times Monday,March 27,2017 98 Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO. 031089, Ordinance amending the Unified Devel- opment Code ("UDC"), upon application by Oce- anic Development, LTD. ("Owner"), by changing the UDC Zoning Map in refer- ence to a 2.98 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 1 and 2; from the "RM-1" Multi-family 1 Resi- dential District to the "CG- 2" General Commercial Dis- trict; amending Plan CC to account for any deviations; NO. 031090, Ordinance amending the Unified Devel- opment Code ("UDC"), upon application by Port City Pon- tiac-GMC,Inc.("Owner"),by changing the UDC Zoning Map in reference to 5.46 acre tract of land composed of three lots in Boulevard Acres Lots E2,G,and F2 from the"CG-2"General Commer- cial to the"CG-2/SP"Gener- al Commercial District with a Special Permit for all three lots;amending the Compre- hensive Plan to account for any deviations; and provid- ing for a repealer clause and publication. NO. 031091, Ordinance amending the Urban Trans- portation Plan map of Mobil- ity CC,a transportation ele- ment of the Comprehensive Plan of the City of Corpus Christi, by realigning a pro- posed Cl Minor Residential Collector street system proposed south of Saratoga Boulevard from intersecting at Norchester Drive to inter- secting at Zenith Drive and connecting with Evans Road to the south and Acushnet Drive to the east; amend- ing related elements of the Comprehensive Plan of the City; providing for sever- ance;and providing for pub- lication. NO.031093, Ordinance disan- nexing Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41,common- ly referred to as a portion of the Chapman Ranch and a portion of the previously proposed Apex wind farm from the City of Corpus Christi, Texas; adjusting the City boundaries according- ly; providing for severance, publication, and an effec- tive date of March 21,2017. These ordinances were passed and approved on second reading by the Cor- pus Christi City Council on March 21,2017. /s/Rebecca Huerta City Secretary