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HomeMy WebLinkAbout031115 ORD - 04/18/2017 Ordinance amending the Unified Development Code ("UDC"), upon application by Carlos and Rhonda Garcia ("Owner"), by changing the UDC Zoning Map in reference to a 1.615 acre tract out of the original 58.07 acre tract out of State Land Survey 416, Land Script No. 962, also being known as the F.J. Picha Tract, Corpus Christi, Nueces County, Texas from the "FR" Farm Rural to the "RE" Residential Estate 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 Carlos and Rhonda Garcia ("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, February 9, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District, and on Tuesday, April 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 Carlos and Rhonda Garcia ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 1.615 acre tract out of the original 58.07 acre tract out of State Land Survey 416, Land Script No. 962, also being known as the F.J. Picha Tract, Corpus Christi, Nueces County, Texas, located on the east side of Rand Morgan Road, between Good-Night Loving Trail and McNorton Road (the "Property"), from the "FR" Farm Rural District to the "RE" Residential Estate District(Zoning Map No. 058046 ), as shown in 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 031115 INDEXED UDC, as it is amended by this ordinance. 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. I I K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0217-01 Carlos and Rhonda Garcia\Council Documents\Ordinance_0217- 01_Carlos and Rhonda Garcia.docx Page 2 of 3 That the foregoing ortil i nce was r-ad for.t : first time and passed to its second reading on this the -day of _0 2017, by the following vote: Mayor VAfe_a-4 " Ben Molina a 1 Rudy Garza ____a_f_ Lucy Rubio , / Paulette Guajardo i _ _ Greg Smith f Michael Hunter I : Carolyn Vaughn _1(1,13F Joe McComb 0_11_ I That the foregoing ordinance was ead for the second time and passed finally on this the 1811"-day of , 2017, by the following vote: Mayor V C e,ClA `" Ben Molina Rudy Garza Lucy Rubio I A ----—1,i Y-----n , Paulette Guajardo G(,l , Greg Smith 4 Michael Hunter (j ,e Carolyn Vaughn alOgA4 Joe McComb at PASSED AND APPROVED on this the I 0 day of , 2017. ATTEST: \t.-- .e. C ti24r 127c� C/kk.) {a Rebecca Huerta Mayor City Secretary EFFE TIVE DATE K:\Devel pment cs CONING CASES\2017\0217-01 Carlos and Rhonda Garcia\Council Documents\Ordinance_0217- 01_Carlos and Rhonda Garcia.dotx Page 3 of 3 0311. 15 December 5,2016 1.615 Acres out of a 58.07 Acre tract of land out of State Land Survey 416, also being known as the FJ.Picha Tract STATE OF TEXAS COUNTY OF NUECES FIELDNOTE DESCRIPTION of a 1.615 acre tract,out of the original 58.07 acre tract out of State Land Survey 416,Land Script No.962,issued to AB&M.,Abstract No.838 and also being a portion out of Survey 500 by virtue of Certificate No. 88,Abstract No. 582 as issued to the Con.El Paso Irrigation and Manufacturing company,being situated in Corpus Christi,Nueces County, Texas,on Rand Morgan Road; also being known as the F.J.Picha Tract described in Deed recorded in Volume 326,Page 88,Deed Records, Nueces County, Texas, also being a portion of Share One and Share Four, set apart in Partition Deed dated September 3, 1923,to Alice L. Oliver and Fred Frank,recorded in Volume 142,Page 579,teed Records,Nueces County,Texas;being the same property conveyed in Deed dated May 2, 1978,from Frank Picha and wife,Julia Picha to George Picha,recorded under Clerk's File No.369574,Volume 1912,Page 901, Deed Records, Nueces County,Texas,said 1.615 acre tract being more particularly described by metes and bounds as follows: Commencing: At a 5/8" iron rod found in the Easterly Right-of-Way line of Rand Morgan Road; whence the original Southwest corner of said F.J. Picha 58.07 acre tract bears S 00°00' 12"E a distance of 499.06 feet and N 89° 54'00"W a distance of 40.0 feet for the Northwest corner of a 1.62 acre tract known as Bearden-Davis shown by map recorded in Volume 68, Page 448, Map Records, Nueces County, Texas, for the POINT OF BEGINNING,and the Southwest corner of this 1.615 acre tract of land; Thence: N 00°00' 12"W,along the East Right-of-Way of Rand Morgan Road,at 163.62 feet pass a 1"Iron Pipe,in all a distance of 166.12 feet to a point marked by a 5/8" Iron Rod found for an outside corner of a 25.63 acre tract recorded in Document No. 2010036915, Official Public Records, Nueces County,Texas,and for the Northwest corner of this tract of land; Thence: S 89°54' 00"E,with the common line of said 25.63 acre tract a distance of 423.58 feet to a 5/8"Iron Rod found for an inside corner of said 25.63 acre tract and the Northeast corner of this tract; Thence: S 00°06'00"W,along a Westerly line of said 25.63 acre tract,a distance of 166.12 feet to a 5/8" Iron rod found for the Northeast corner of said Bearden-Davis 1.62 acre tract shown in map recorded in Volume 68,Page 448,Map Records,Nueces County,Texas,and for the Southeast corner of this tract; Thence: N 89°54'00"W,with the north line of said Bearden-Davis 1.62 acre tract a distance of 423.28 feet to the POINT OF BEGINNING, containing 1.615 acres of land,more or less. OFA. _ /'qP Written By:L•� ' •• * ee•7' Horatio Oliveira,RPLS#1415 ( HORACIO OlNE1RA , 4;•�st!l1V , yC 50' Found 5/8' I. Rod Fond 1- I, P"pe S 89' 54' 00" E )0001461f1-LOvNO O Z 5/8' t Rod Tra0l 59615 25.85 K � No. 201 �e6 Re�oonq, Tesos Noeces LOT 4 1.615 ACRES (70331.69 Sq. Ft) Document No. 2016012184 Officio! Public Records, Nuecee County, Texas N 89 54 00" W (PUT. N 89' 17' 34' E 423.281 REFERENCE: DEED RECORDS RECORDED: VOL. 1912 PAGE 901 DATE: May 2, 1978 The undersigned does hereby certify 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, conflicts. shortoges In area, boundary line conflicts, visible encroachments, overlapping of improvements, easements or apparent rights-of-way, except as shown hereon. and said property hos access to and from o dedicated roadway, except as shown hereon. This th. 1 th cloy of November, 2016. NDRACIO OLNEiRA, Registered Professional Land Surveyor TEXAS UCENSE No. 1415 162 Mcjt8 Page 6 P a�Oco °ty. tevos 448, 423.58' 423.28 SURVEY OF A 1.615 ACRE TRACT OUT OF THE ORIGINAL 58.07 ACRE TRACT OUT OF STATE LAND SURVEY 416, LAND SCRIPT No. 962, ALSO BEING KNOWN AS THE F. J. PICHA TRACT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Found r -5/B' I Rot i O O N `Found 5/8' I. Rod SCALE: 1" = 50' DATE: Nov. 17, 2016 JOB No.: RANDMOR TITLE CO. GF# For: CARLOS GARCIA and RHONDA GARCIA OLIVEIRA LAND SURVEYING Registered Professional Land Su rveyors 3206 REID DRIVE—Suite 107 --CORPUS CHRISTI, TEXAS 78404 Telephone (361) 851-2774 — Fox (361) 851-2936 TBPLS Firm Registration No 10108100 of svrveyi ng Og moil. c o m PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 1541145 PO# Before me, the undersigned, a Notary Public, this day personally came , L.120*-3(.50/1 , 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 03/26/17 Sun CC-Internet - caller.com 03/26/17 Sun Aill ) LEGAL SALES REPRESENTATIVE On this ` day of IN , 20 L certify that the attached document is a true and exact copy made by publisher. k"*".." /LS_ Notary Public, State of Texas ' MICHELLE JOYCE CABRERA i ••:**""*—..' MyNoa.ryID#124864183 7` Exp'es March 19 2020 6E Sunday,March 26,2017 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 pub- lic hearing on April 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 AkCouncil: Case No. 0217-01 Carlos and Rhonda Garcia: From the "FR" Farm Rural District to the "RE" Residential Estate District. The property. to be rezoned is described as a 1.615 acre tract out of the original 58.07 acre tract out of State Land Sur- vey 416, Land Script No. 962, also being known as the F.J. Picha Tract, Corpus Christi, Nueces County, Texas, located on the east side of Rand Morgan Road, between Good-Night Loving Trail and McNorton Road. Case No. 0317-01 Estate of W.R. Durrill: From the "IL" Light Industrial District to the "CG-2" General Com- mercial District. The prop- erty is described as being a 1.823-acre tract of land out of 100 South Padre, Block 3, Lot 62, located on the north side of South Padre Island Drive (State Highway 358) between Investment Bou- levard and Old Brownsville Road. /s/Rebecca Huerta City Secretary PUBLISHER'S AFFIDAVIT 2011 i1l�', �.51 . SState of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 1581706 PO# Before me,the undersigned, a Notary Public,this day personally came •(0 0,504 , 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 04/24/17 Mon CC-Internet - caller.com 04/24/17 Mon LEGAL S ES REPRESENTATIVE On thisZ day of QPI , 20 1, certify that the attached document is a true and exact copy made by publisher. Notary Public, State of Texas „T., MICHELLE JOYCE CABRERA My Notary ID#124864183 Expires March 19.2020 Caller-Times Monday,April 24,2017 7B Legais NOTICE OF PASSAGE OF ORDINANCE(S) .1( NO. 031115, Ordinance amending the Unified Devel- opment Code ("UDC"), upon application by Carlos and Rhonda Garcia ("Owner"), by changing the UDC Zoning Map in reference to a 1.615 acre tract out of the original 58.07 acre tract out of State Land Survey 416,Land Script No. 962, also being known as the F.J. Picha Tract, Cor- pus Christi, Nueces County, Texas from the "FR" Farm Rural to the"RE"Residential Estate District;and NO.031116,Ordinance amend- ing the Unified Development Code ("UDC"), upon appli- cation by the Estate of W.R. Durrill ("Owner"),by chang- ing the UDC Zoning Map in reference to a L823 acres out of 100 South Padre, Block 3, Lot 62, from the "IL" Light Industrial to the "CG-2" General Commercial 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 Corpus Christi City Council on April 18,2017. /s/Rebecca Huerta City Secretary