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HomeMy WebLinkAbout029746 ORD - 02/26/2013Ordinance amending the Unified Development Code ( "UDC ") upon application by Brooke Tract, L.P. ( "Owner "), by changing the UDC Zoning Map in reference to 39.99 acres out of Lots 16, 17, 18, 19, 28, 29, and 30, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 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 report and recommendation regarding the application of Brooke Tract, L.P. ( "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 16, 2013, during a meeting of the Planning Commission, and on Tuesday, February 12, 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 Brooke Tract, L.P. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on 39.99 acres out of Lots 16, 17, 18, 19, 28, 29, and 30, Section 26, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located on the southeast corner of Rodd Field Road and Brooke Road, from the the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District (Zoning Map Nos. 041031 and 042031), 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 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. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 029746 INDEXED 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 ordinance yvas read for the first time and passed to its second reading on this the day of tbriA0,0 , 20 j by the following vote: Nelda Martinez Chad Magill I., I Kelley Allen �1 ', Colleen McIntyre i i1,/ PA Rudy Garza Lillian Riojas Priscilla Leal 1 ' ! Mark Scott 42_2 David Loeb / r The foregoRing ordinance as read for the second timpA nd passed finally on this the 641 ay of , 20 -i,, by the following vote: U 1, Chad Magill Colleen McIntyre IP/ Lillian Riojas Mark Scott /I _ 1 Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the O day of ATTEST: Armando Chapa City Secretary EFFECTIVE DATE .9d L-1111 Nelda Martine Mayor 029746. Page 2 of 2 Lt,URBAN ENGINEERING STATE OF TEXAS COUNTY OF NUECES Job No. 16198.B2.13 December 6, 2012 Revised: December 26, 2012 Fieldnotes for a 39.99 acre tract of land out of Lots 16, 17, 18, 19, 28, 29, and 30, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thin 43, Map Records of Nueces County, Texas and being a portion of that 153.714 acre tract described in Warranty Deed dated February 14, 2006, executed by John C. Brooke, et al, to Brooke Tract, LP and recorded under Clerk's File No. 2006008362, Official Public Records of Nueces County, Texas; said 39.99 acre tract being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod with a red plastic cap stamped "Urban Engr C.C. TX" found on the southwest boundary of Brooks Road, a 60.00 foot wide public roadway, for the east corner of said 153.714 acre tract Thence, South 29°16'12" West, along the southeast boundary of said Lot 19 & 28, same being the southeast boundary of above mentioned 153.714 acre tract, a distance of 1542.62 feet to a point on the southeast boundary of said Lot 28; Thence, North 60 °43'48" West, a distance of 200.00 feet for the Point of Beginning of this description and for the easternmost corner of this tract; Thence, South 29 °16'12" West, a distance of 305.19 feet for the southernmost corner of this tract; Thence, North 60 °44'24" West, a distance of 1254.70 feet for the a corner of this tract; Thence, North 19 °05'33" West, a distance of 633.49 feet for the a corner of this tract Thence, North 70 °46'54" East, a distance of 141.95 feet for the a corner of this tract Thence, North 29°10'20" East, a distance of 436.42 feet for the a comer of this tract; Thence, North 60 °49'40" West, a distance of 750.00 feet to the southeast boundary of Rodd Field Road, a public Roadway and for the westernmost corner of this tract; Thence, North 29°1020" East, along the Southeast boundary of said Rodd Field Road, a distance of 69138 feet for the a comer of this tract; SA Surveying1161981132131FNI6198B213- 39.99AGLAKE- 2012.doe Page 1 of 3 (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRfSTI,TEXAS 78404 www.urbaneng.com 713PE Firm #145 FAX (361)854 -6001 EXHIBIT A Thence, North 55 °44'14" East, along the flared right -of -way of said Rodd Field Road a distance of 74.31 feet for the northernmost comer of this tract; Thence, South 60 °47'28" East, a distance of 2197.82 feet for the a corner of this tract; Thence, with the east boundary of this tract, as follows: South 29 °1T32" West, a distance of 130.39 feet; North 60 °56'33" West, a distance of 120.04 feet North 65 °51'59" West, a distance of 205.28 feet South 85 °49'40" West, a distance of 51.36 feet; South 13 °56'00" West, a distance of 49.24 feet; North 84 °13`13" West, a distance of 3.73 feet; North 05 °39'56" West, a distance of 29.69 feet; North 16 °53'09" West, a distance of 36.08 feet; North 60 °50'11" West, a distance of 81.39 feet; North 48 °24'18" West, a distance Of 42.52 feet; North 61°51'10'' West, a distance of 90.47 feet; South 22 °53'34" West, a distance of 29.06 feet; North 76 °54'24" West, a distance of 161.73 feet; South 88 °01'16" West, a distance of 86.56 feet; North 80 °09'05" West, a distance of 47.12 feet; South 72 °29'25" West, a distance of 101.40 feet; North 61 °59'11" West, a distance of 28.78 feet; South 06044'.02" West, a distance of 23.49 feet; South 66 °32'31" West, a distance of 9.42 feet; South 50 °24'49" West, a distance of 102.39 feet for the south corner of this tract; North 39 °35'11" West, a distance of 177.29 feet for a comer of this tract North 50 °09'56!' West, a distance of 438.09 feet; South 37 °31'39" West, a distance of 79.58 feet for a comer of this tract; South 29 °12'31" West, a distance of 92.76 feet; South 44 °50'07" East, a distance of 576.15 feet; South 38 °13'04" West, a distance of 7.08 feet; South 22 °58'40" West, a distance of 91.32 feet; South 49 °59'19" West, a distance of 30.25 feet; South 21 °25'16" West, a distance of 191.73 feet; South 15 °34'57' West, a distance of 111.37 feet; South 21 °22'38" West, a distance of 228.70 feet; South 01 °04'22" East, a distance of 68.57 feet; South 34 °28'31" East, a distance of 54.15 feet; South 61°15'04" East, a distance of 189.47 feet; South 58 °30'49" East, a distance of 207.78 feet South 61 °16'40" East, a distance of 237.28 feet; South 17 °58'38" West, a distance of 7.30 feet; S:I Surveying1161981B2131FN16198B213- 39.99AC- LAKE- 2o12.doc Page 2 of 3 EXHIBIT A South 74 °39'09" West, a distance of 41.40 feet South 70°38'17" East, a distance of 57.96 feet; North 62 °0420" East, a distance of 34.31 feet; Thence, South 61 °46'21" East, a distance of 377.36 feet for the Point of Beginning and containing 39.99 acres of land. Bearings based on the southeast boundary of Rodd Field Road, as monumented on the ground and shown as North 29 °10'20" East. This description is not based on a current on the ground survey. This description prepared' from previous surveys and record information. No monumentation found or set unless otherwise noted. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Dan L. Urban, R.P.L.S. License No. 4710 S:1Surveying1161981132131FN 16198B213 - 39.99AC- LAKE -2Q 12.doc Page 3 of 3 EXHIBIT A W N 0 C3� Rodd Field Road Flour Bu Farm and Vol. A, Pg Records of Nu S37''31 '33p S29'12'31 92.76' N60'49'401W 750.+ Lot 16, Section 26 t,s'ue -\ N70'46'5■ 1Lot 31 Section 26 S60`47128% 2197, Lot 17, Section 26 f and Encindl Carden Tracts 41 -43, Map Ces County, Texas N50•09.5 L 438.09q L3 N39'35'11 177.29 R IAcreage 39.99Acros ( r Brooks Road (60' R.o.W.) 2' Drainage L1 L11 L7 L5 L9 L12 L5 L2 Lot 18, Section 26 Detail "A" Lot Fd. 5/8" IR with red Plastic cap slumped Point of Urban Engr C.C. TX' Commencement R.Q.W. See Detail "A" Lot 19, Section 26 Lot 30 W Section 26 C //, <5, 0' / /o° Lot 1, Bloc Zachary Kolda Elementary School Tract Vol. 67, Pgs. 504 -505, Map Records of Nueces County, Texas et T Line L45 L44 L43 _ L42 L41 L40 N60'43'411 200.00 1,36 L37 L38 S29'16'1; 305.19 Slough Road Note: No monumentation found or set unless otherwise noted. EXHIBIT B Map to Accompany FIELONOTES for a 39.99 acre tract of land being out of Lots 16, 17, 18, 19, 28, 29 and 30, Section 26, Flour Bluff and Encino! Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records of Nueces County and being a portion of that 153.714 acre tract described in Warranty Deed dated February 14, 2006, executed by John C. Brooke, et al to Brooke Tract, LP and recorded under Clerk's File No. 2006008361, Official Public Records of Nueces County, Texas. N60'44'24'W 125 70' 0, c 8 Q .' 0 Lot 29, Section 26 Lot 28, Section 26 LINE BEARING DISTANCE L1 550'24'49 "W 102.39' L2 566'32'31 "W 9.42' L3 SO6 44'02 "W 23.49' L4 N61'59'11"W 28.78' L5 S72'29'25 "W 101.40' L6 N60'09'05"W 47.12' L7 588'01'16 'W 86.56' L8 N76'54'24 "W 161.73' L9 022'53'34 "W 29.06' L10 N61'51'10'W 90,47' L11 N48'24'18 "W 42.52' L12 N60'50'11 "W 81,39' L13 '116'53409'W 36.08' L14 N05'39'50W 29.69' L15 N84'13`13 "W 3.73' L16 S13'56'00"W 49.24' L17 S85'49'40"W 51.36' L18 N65'511'5911/ 205.28 L19 N60'56'33"W 120.04' L20 529'12'32'W 130.39' 400 0 LINE BEARING DISTANCE L36 561'46'21"E 377.36' L37 N62'04'20 "E 34.31 L38 S70'38'17 "E 57.96' L39 574'39'09'W 41.40' L40 Si 7'58'38V 7.30' L41 561'16'40'E 237.28' L42 558'30'49 "E 207.78' L43 561'15'04"E 189.47' L44 034'26'31 "E 54.15' L45 S01'04 '22 "E 68.57' L46 521'22'38 "W 228.70' L47 015'34'57 'W 111,37' L48 521'25'16 "W 191.73` L49 S49'59'19 "W 30.25' L50 S22'56'40 "W 91.32' L51 S38'13'04 "W 7.08' 400 800 GRAPHIC SCALE 1" - 40D URBAN\ DATE : Dec.26, 2012 SCALE. 1 -400 ENGINEERING JOB NO.: 18108.82.13 CORPUS CHRISTI, TEXAS SHEET: 1 Of 1 DRAWN 8Y: RLG . ; rx >81o� � 2 a `J h1/ �r E e tf! • •. !• 21316xtfi198B213 .dw92:426jiC124:58: 51ui6an Eneptnael tO ON o� O.7 (fl 0LN 0 N NI 71R " N 3 tO 1.26 acres A 1.48 acres N i0 N 6.52 'acres 16.64 acres out of Lots 20 -21, 26 -27 3.0 acres out of Lots 27, 26 ram ma Mt d 161-3101 Grcr n c PHONE Ga r State of Texas Coun)of Nueces PUBLISHER'S AFFIL V T1, i z�1,41 f F tE CITY OF CORPUS L-Megii3 Ali 8: 40 Ad # 164103 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 03/04/13 Mon CC- Internet - caller.com 03 1 ' 13 Mon n+h On this I O day of copy made by publisher. LEGAL SALES REPRESENTATIVE , 20 ±.) I certify that the attached document is a true and exact PNo ary Public, State of Tex J 4E i March 4,'20131 CALLER -TIMES Leafs NOTICE OF PASSAGE OF ORDINANCE(s) NO. 029746, Ordinance amending; the Unified Devel- opment Code ( "UDC ") upon application by Brooke Tract, LP (`Owner" ), by changing the'UDD. Zoning Map in ref- erence to 39.99 acres out of Lots 16, 17 18,..19, 28, 29; and 30, :Section. 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-. 6" Single Family 6 District to the: "RM 1" Multifamily 1 Dis- trict; amending the Compre- hensive :plan to account for any deviations and provid- ing for a repealer•olause and publication. This ordinance was passed and approved on. February 26, 2013. /s/ Armando Chapa City Secretary CORPUS CHRISTI Qtattt imtg Sales Rep: Felicia Lewis (C91) callercom Phone: (361) 886 -3714 Date: 01/24/13 Account Number: 172983 (CC18438) Company Name: CITY OF CORPUS CHRISTI Contact Name: Email: lawsong @caller.com Address: PO BOX 9277, CORPUS CHRISTI, TX, 784699277 Phone: (361) 826 -3636. • Fax: (000) 000 -0000 Email: LewisF @caller.com tsertion lanlormation This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account rep at . Ad Id: 147727 P.O, No.: Total Cost: $186.00 Tag Line: NOTICE OF PUBLIC HEARING TO CONSIDER Start Date: 01/28/13 Number of Xs: 1 Stop Date: 01/28/13 Class: 16130 - Legals Publications: CC- Corpus Christi Caller- Times, CC- Internet - caller.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING TO CONSIDER RE- ZONING APPLICATION($) IN THE CITY OF CORPUS CHRISTI Notice is hereby given that the Corpus Christi City Council will conduct a public hearing on February 12, 2013 during a regular Council meeting which commences at 11:30 am in the Council Chambers, City Hall, 1201 Leopard, to consider the fallowing zon- ing applicaticn(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. 0113 -01, Brooke Tract, L,P.: From the "R5-6" Single -Fam- ily 6 District to the "RM -1" Multifamily 1 District. The property is described as being 39.99 acres out of Lots 16, 17, 18, 19, 28, 29, and 30, Section 26, Flour Bluff and Encinal Farm and Gar- den Tracts, located on the southeast corner of Rodd Field Road and Brooke 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. /5/ Armando Chapa City Secretary ()Li )b Thank you for your business, Our commitment to a quality product includes the advertising in our publications. As such, E. W Scripps reserves the right to categorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 361 - 883 -1111. Allowance may not be made for errors reported past the second print date. The Corpus Christi Caller -Times may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for which the ad did not run.