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HomeMy WebLinkAbout029624 ORD - 09/11/2012Ordinance amending the Unified Development Code ("UDC") upon application by Michael N. Gunning, on behalf of Eloy Salazar and Rick A. Martinez ("Owners"), by changing the UDC Zoning Map in reference to a 19.15 -acre tract of land out of Lots 23 and 24, H. B. Sheppard Farm Lots, from the "FR" Farm Rural District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Michael N. Gunning, on behalf of Eloy Salazar and Rick A. Martinez ("Owners"), for an amendment to the City of Corpus Christi's UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 18, 2012, during a meeting of the Planning Commission, and on Tuesday, September 11, 2012, during a meeting of the City Council, during which afl 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. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 19.15 -acre tract of land out of Lots 23 and 24, H. B. Sheppard Farm Lots (the "Property"), located on the north side of Sedwick Road and approximately 1,000 feet west of Rhew Road, from the "FR" Farm Rural District to the "IL" Light Industrial District (Zoning Map No. 056045). Exhibit "A," which is a description of the Property, and Exhibit "B," which is a survey pertaining to the Property, are both 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 the 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 Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. 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. 029024 INDEXED SECTION 8. Upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meefn .so that tis ordinar)ce is passed upon first reading as an emergency measure on this day of 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Q me Mayor Page 2 of 3 K:SDevelopmentSvcs\SHAREl71ZONING CASES \2012 \071 2-03 Michael Gunning\Council Packet10712-03 Ordinanace, M. Gunning (8-14-12).docx Corpus Christi, Texas •1 i 1 day of 2012 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following v Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Joe Ad'ame Mayor Page of 3 K:IDevelopmentSvcs\SHARED\ZONING CASES1201210712-03 Michael Gunning1Council Packet10712-03OrcEinanace, M. Gunning (8-14-12).docx 029624 •.•Texi.sGec5.R.ch LAND SURVEYING, INC. 19.15 ACRES Being a total of 19.15 acres of land out of Lot Twenty -Three (03/, and Lot Twenty -Four (24), H B.'SHEPPARD FARM LOTS, as shown by plat recorded in volume A,, page 51, Map Records of Nueces County, Texas; Same being that: ccriain. tract recorded in Clerk's File number 2008010766 of the Official Records of Nueces County, Texas and<. being more fully described by metes and bounds as follows; BEGINNING "at a set "5/8inch iron rod set for the southwest corner of Lot 8, Block 1, of the HUDSON ACRES ANNEX a plat which is recorded in volume 43 Page 161 of the: Map Records ©fNueces County; Texas, same being the northwest comer of this.tract; THENCE .N .89° 17'38";E -:with the south hue of said: Lot 8, .Block 1, a distance of 436.35 feet to a set 5/8inch iron: rod for the southeast corner: of said Lot:8, Block .1,.and being the; northeast corner of this tract; THENCE S 00° 29'32" E - a distance of 1795.93 feet to a set a/8 inch iron rod for the upper southeast corner of this tract; THENCE 5`89° 25' 24" W a, distance af.178.94 feet to a set 5/8inch iron,nod for an. inner: corner, of this tract; THENCE S 00° 29'`32" E at a distance of 792.04.feet:pass a 5/8inch iron rod:set on the north,riglt,of'way line of SEBWICK;ROAD, in all a distance of 822,04 feet to a point on the centerline of said SEi}WICK;ROAD and being' thesoutheast comer of this tract; THENCE 5 89° 18152" W with the centerline of said SEDWICK ROAD, a" distance of 60;00 feet to a point for the southwest; eoner".of:th:is tract;: THENCE .N.009.29',321,' W a distance of 30,00 feet pass a 5/8inch iron rod set on the north right -of wayli.ne. of said SEDWIC1 ROAD, in all a,distatnce 818.59 feet to a set 5/8inch: jron rod:for an inner corner of this tract T1 -HENCE S 89° 16118' W - &distance of: 198.03 feet to.a set 5/8inch iron rod on the East Ilan of [fudson Acres a subdivision recorded in "Volume 13, pages 44-45 Of the Map Records ofNueces.County, Texas, for the upper southwest corner ofthis tract; THENCE.N 410' 28' 22" W —: with the East .line o£ said Hudson Acres a distance of 1799.00 feet to the PLACE OF: BEGINNING and containing'19.I5.acres,ofland, more or less. this Field Notes. Description constitutes a" legal document, and, unless ft appears hi its :entirely, in its original farm, including.. preamble, seal and signature, surveyor" assumes no responst6itity or liability far its correctness !t #s .4trorrgly recommended, for the: cora:ratio, offutnre surveys, dial this document be incorporated in all future canveyanr'a wltho;u. a y rel Isious or deletions, August 2, 2012 I20703.doc VIGTbR SIEDINA Victor S. Medina Registered Professional Land Surveyor License Number 341`9 • SURN S0851DJARYOFMED,IN4 CONSULTANTS 6330SARATOGA'ELYD. SUITEC77:CORPLIS'CHR1S7V TEXAS 78414, NIONE-361-993-0808-FAX 361-993-2955 EXHIBIT A 39 39 HUDSON ACRES ANNE% PLAT OF: 49 40 LOT 8. BLOCK 1 VOLUME 43 - PAGE 181 IA U 9 C.T' BEING A TOTAL OF 19.75 ACRES OF LAND OUT OF LOT TWENTY-THREE (23) AND LAT TWENTY-FOUR (24), H.B. 41 41 N89'17'38" E 436.35' SHEPPARD FARM LOTS, AS SHOWN BY PLAT RECORDED IN A. PAGE 51, MAP RECORDS OF NUMB COUNTY, TEXAS; SAVE /* 0 E R N I E STREET BEING THAT CERTAIN TRACT RECORDED IN CLERK'S FILE NUMBER 2008010766 OF THE OFHCIAL RECORDS OF NUKESFND. 5/8" I.R. 1 1 P.O.B. COUNTY, IDEAS. SET 5/8" I.R. 2 2 SET 5/6" I.R. RHE W D R 1 \ 3 3 4 4 5 5 8 6 Z to 7 7 0 10 ni 8 Co 8 F.j N ' L.I. N 9 9 fTr 10 10 11 11 12 12 13 -4, 13 14 4, P .S 14 15 I 15 18 15 I 19.15 Acres. 17 17 15 0 18 19 (1) 19 GRANT IRIS POWELL 20 20 CALLED 90032 AC. DOC.A 850703 W,D,R,N.C.T. 21 7 21 22 22 23 ll// U 23 V "3 24 TT ID 24 to O1 25 — O W 25 O 26 < 25 27 I I 27 28 28 25 29 SET 5/8" I.R. 3 30 /� 311 31 32 32 !fj// �889'18'IJ8"W. 33 33 SET 5/e" 1.R, 34 34 35 35 36 38 37 37 38 Np 5/881,R. 39 39 I'� p2 '2 866 _792. 4040 41 41 EXHIBIT B 42 42 43 43 44 44 NOTE: I.R. 45 45 THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THUS 46 46 SETBACKS OR EASEMENTS ARE SHOWN, IF ANY. T SEI WICI-C F = 60.00 S89'l8'52"W I, VICTOR S. MEDINA, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE-- PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL - N - ALL BEARINGS AND COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1883, TEXAS SOUTH ZONE LAND SURVEYORS ' IS AUGUST 02, 2812. cE °FrP' 1Q:' . STe ' y TEXAS GEO TECI-1 LAND SURVEYING, INC cUILORNARY OF MEDINA EONa(LLTA1m¢ /� O / , - •!� a- VICTOR S. MEDINA • BaCorpBUD.7 0 Corpus ChArLS, 00 713414 (981) 898-9808 Fax (051) 098-9055 VICTOR 5. MEDINA ' .q, 3419 �;' . REGISTERED PROFESSIONAL LAND SURVEYOR l9Ff551��'OQ� SCALE 1° - 200' DATE: OB/02/12 DRAWN: RC LICENSE No. 3419 ', 'C• .,,, , LEGEND: SCALE: 1... 200' SCALE; 120703 v'rL{ SUR • FND. 5/6• IRON R00 • SET 5/8' IRON ROD APPROVED: VSM SURVEY: BP PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 6005191 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 REPRESENTITIVE 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 ORDINANCES NO. 0296 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/17/2012, 9/17/2012. $ 181.14 �VV LI " LEGAL SALES REPRESENTIVE ITime(s) On this day of t2 • , 2 i ) 2 I certify that the attached document is a true and an exact copy made by blisher. Nota f Texas MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 4E September 1/, 2012 lil. CALLER -'l. iMES IILegal Notices 1110 NOTICE OF PASSAGE OF ORDINANDES NO. 029623, Ordi- nance amending the Unified Development Code ("UDC") :upon application by Hutton Company, on behalf of Guadalupe Silva Reyes (owner of lots 2 and 3) and Mayan Sun Enterprises, LTD owner of lot 4) Owners"); by changing the UDC Zoning Map In refer- ence to Laguna Acres, Block 1, Lots 2, 3, and 4, from the RS 6'':1Single':Family 6 District to the "CN 1" Neighborhood Commercial ;District; NO. 029624, Ordi- nanceamending the Unified Development Code ("uDC") upon application by Mi- chael N. Gunning, on behalf of Eloy Sala- zar and Rick A. Marti- nez ("Owners"), by changing the UDC Zoning Map in refer- ence to a 19.15 acre tract of land out of Lots 23 and 24, H. B. Sheppard Farm Lots, from the "FR" Farm Rural District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing, Compre- hensive' Plan; provid- ing a repealer clause; providing for penal- ties; providing for publication. /s/ Armando Chapa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 6003703 PO # ofItea4 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 REPRESENTITIVE 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 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 27th day of August, 2012. «total insertions»Time(s) LEGAL SALES REPRESENTIVE On this d day of OOrr , 2 D(2. I certify that the attached document is a true and an exact copy made by publisher. Notary Pubh , of Texas MICHELLE JOYCE CABRERA My,Commission Expires Marcia 19, 2016 CALLER-1Mugusc:. i, GU IL twa 51 fi NOTICE OF POLIO HEARING TO CON- SIDER ZONING APPLICATIONS) OF THE CITY O CORPUS CHRISTI Notice is hereby giv- en that the Corpus. Christi City Council. will conduct a public hearing on Septem- ber 11, 2012 during a regular Council meet- ing which commences at 12:00 pm in the Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) whichare on file In the Office of the City Secretary & the Dept. of Planning. At said time & place of hear- ing , ear -Ing, persons & parties Interested may appear before the City Council:. 1. 0712-02, Hutton Company: From the "RS -6" Single -Family 6 :District to the "CN -1" General Neighborhood District — located near the southwest corner of Columbia Street and Horne Road. 2. 0712-03, Michael. N. Gunning: From the "FR" :Farm ' Rural District to the "IL" Light Industrial Dis- trict — located on the north•side' of Sedwick Road and approxi-,. mately 1+,000 feet west of Rhew Road. information may be obtained by calling or visiting •the' Dept. ,of Development :Ser- vices, Planning Section at (361) 826.3560, 2406 Leopard St. fs/ Armando Chapa City Secretary �;