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HomeMy WebLinkAbout029785 ORD - 04/09/2013Ordinance amending the Unified Development Code ( "UDC ") upon application by Charles O. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to an 18.47 -acre tract out of the Gregorio Farias Grant, Abstract 592, from the "CG -2" General Commercial District to the "IL" Light Industrial 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 Charles O. Massey, acting as agent on behalf of COEL Properties, 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, February 13, 2013, during a meeting of the Planning Commission, and on Tuesday, March 26, 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 Charles O. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on an 18.47 -acre tract of land out of 27.82 acres out of the Gregorio Farias Grant, Abstract 592, more fully described in the Special Warranty Deed recorded under clerk's File Number 2009006158 (the "Property"), located east of U.S. Highway 77 (interstate Highway 69) and at the east end of County Road 52, from the "CG -2" General Commercial District to the "IL" Light Industrial District (Zoning Map Nos. 066049 & 066050), 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. 2 g 7 8 5 INDEXED SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (an 18.47 -acre tract of land out of 27.82 acres out of the Gregorio Farias Grant, Abstract 592, more fully described in the Warranty Deed recorded under clerk's File Number 2009006158) 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 ordinance was read for the first time and assed to its second reading on this the 9( p of ` 11A.O. ' C , 20 1 by the . following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoi ordinance was rea for the second time and passed finally on this the lay of , , 20 j3; by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the q--11.--clay of ATTEST: (t9rQO- Armando Chapa y EFFECT1VE DATE Lf- (.3 apixl Nelda Martinez Mayor 0 2 97 85 , 20 t3 Page 2 of 2 MURRAY BASS, 7R., P.E., R.P.L.S. NixoN M. WELSH, P.E., R.P.L.S. www.bass-welsh.com e -mail: nixmw@aol.com BASS & WELSH ENGINEERING TX Registration No. F -52- Survey Registration No. 100027 -00 P.O. Box 6397 Corpus Christi, TX 78466 -6397 December 11, 2012 3054 S. ALAMEDA, ZIP 78404 361 882- 5521 -- FAX 361 882 -1265 e -mail: murrayltgaol.com Field note Description Proposed Re- Zoning Being a tract situated in Corpus Christi,' Nueces County, Texas, in the Gregorio Ferias Grant and being generally described as the west 18.47 acres of a 27.82 acre tract described in the deed to COEL Properties, Ltd„ recorded under Clerk's File No. 2009006158, Official Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point in the west line of said 27.82 acres, said point being the eastmost corner of Lot 1, Block 1, Bob Lacy Business Park as shown on the map thereof recorded in Volume 60 at Page 16 of the Map Records of Nueces County, Texas; THENCE N 9 °15'42" E along the west boundary of the 27.82 acres and the east boundary of Lot 1, Bob Lacy Business Park a distance of 763.77 feet to the northmost comer of the 27.82 acre tract and the northeast corner of Lot 1, Bob Lacy Business Park for the northmost corner of this tract; THENCE S 54 °50'22" E along the north line of the 27.82 acres a distance of 1301.05 feet to a point for the northeast corner of this tract; THENCE S 11°58'35" W across the 27.82 acres a distance of 378.85 feet to a point in the south boundary of the 27.82 acres for the southeast corner of this tract, said point lying on a curve to the left; THENCE along said curve to the Ieit, whose radius is 327.5 feet in a westerly direction, a distance of 179.93 feet to the point of tangency of said curve and an intermediate corner of this tract; THENCE continuing along the south line of the 27.82 acres N 88 °05'48" W a distance of 984.82 feet to the southwest corner of the 27.82 acres, said point lying in the east boundary of Lot 1, Scogin Tract as shown on the map thereof recorded in Volume 62 at Page 97 of the Map Records of Nueces County, Texas; THENCE N 9 °16'18" E along the west boundary of the 27.82 acres and the east boundary of Lot 1, Scogin Tract a distance of 283.17 feet to the POINT OF BEGINNING, forming a tract embracing 18.47 acres of land, more or Tess. urray Bas , Jr., R.P.L.S. Note: Basis of Bearing Is Stele of Texas, Lambert Grid, South Zone, NAD 1983 MB,lsab 03042 -Field Note Des- Rezonec.doc EXHIBIT A Page 1 of 1 EXHIBIT B 1 RE aware 1auuo a Nt mamma aem aN are w nn sru-n aaoios J PUBLISHER'S AFFIDAVIT: I Nur Ei , }` State of Texas } CITY OF CORPUS CHRIS' APR 25 PK 2: 1 F County of Nueces } Ad # 166478 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 WeIIs, Kleberg, Live Oak, Nueces, Refugio, and San Patricio 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 On this ,Pa day of copy made by publisher 03/11/13 Mon 03/11/13 Mon A ALES REPRESENTATIVE , 20 15 I certify that the attached document is a true and exact 4 1 n Not ublic, State of Texas J 4E 1 Marth 11, 2013 1 CALLER -TIMES 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 March 26, 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: 1.0213 -01, Charles 0. Massey: From . the "CG -2" General Commercial District to the IL" Light Industrial District. The property is described as being 18.47 acre tract of land out of the Gregorio Farias Grant, Abstract 592, located east of U.S. High- way 77 (Interstate Highway 69) and at the east end of County Road 52. 2. 0213 -02. Carl and Sherry Badalich: From the "RM -AT/ PUD "Multifamil AT District with a Planned Unit Develop- ment Overlay to the: "RM -AT/ PUD ". Multifamily AT District with a modified Planned Unit Development :Overla The property is described. as Sunrise Shores, Block 1, Lots 101 - 119,122, 301 -313, and 3B, located. between State High- way 361 and the Gulf of Mex- ico, approximately one -half mile north of Sea Way Drive. 3. 0812 -02, N.P. Homes, ; LLC: From the General Commercial District to the "CG -2 /PUD" General Com- mercial District with ' a Planned Unit Development Overlay. The property is described: as King's Cross - ing West Unit 2, Block 2; Lot 3, located at the northeast corner of Chicago Drive and approximately 500 feet west of South Staples Street (FM 2444) 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 Chapa City Secretary State of Texas Count of Nueces } } PUBLISHER'S AFFIDAVt1H` \NCL ()ERA Mfr 13 APR 25 PH 2: 17 CITY OF CORPUS CHRISTI Ad # 181765 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 CC- Internet - caller.com On this day of copy made by publisher. 04/15/13 Mon 04/15/13 Mon LEGALTiALES REPRESENTATIVE , 20 13 I certify that the attached document is a true and exact Not Public, State of Texas 4E ( April 15, 2013 CALLER TIMES NOTICE OF PASSAGE OF ORDINANCE(5) NO. 029784, 0rddinance amending the Unified Devel- opment Code ( "UDC ") upon application by. Carl Badalich and Sherry Badalich ( "Own- ers"), by changing the UDC Zoning Map in reference to Lots 101 119, 122, 301 313, and 3B, Block 1, Sunrise Shores, from the "RM AT/ PUD" Multifamily AT District with a Planned Unit Develop- ment Overlay to the "RM AT/ PUD" Multifamily AT District with a modified Planned Unit Development Overlay; NO. 029785, Ordinance amend- ing the Unified Development Code ("UDC") upon a plica- tion by Charles 0. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner "), by changing the UDC Zoning Map in refer - ence to an 18.47 acre tract out of the Gregorio Farias Grant, Abstract 592, from the 'CG 2" General Com- mercial District to the "IL" Light Industrial District; amending the . Comprehen- sive Plan to account for any deviations;. NO. 029786, Ordi- nance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner "), by changing the UDC Zon- ing Map in reference to Lot 3, Block 2, King's Crossing West. Unit 2, from "CG 2" General Commercial : Dis- trict to "CG 2 /PUD" General Commercial District with a Planned Unit Development Overlay;. amending the Com- prehensive. Plan to account for any deviations NO. 029787, Ordinance amend- ing the Unified Development Code ( "UDC ") upon applica- tion by TR lnscore LLC, act - ing as agent on behalf of Guinn Soul, Ltd. ( "Owner "), by changing the. UDC Zon- ing Map in reference to a 0.50 acre tract of land out of Block 4, South Water Beach Addition, from the "CR 1" Resort. Commercial. District to the "Cl" Intensive Com- mercial District; amending the Comprehensive Plan to account for any devia- tions; NO. 029788, Ordinance amending the Umfied'Devel- opment Code ( "UDC ") upon application by N.P. Homes, L.L.C, ( "Owner "), by chang- ing the UDC Zoning Map in reference to Lot 1, Block 20, Rodd East from the "FR" Farm Rural District to. the "RS 6" Single Family 6 Dis- trict; amending the Com- prehensive Plan to account for any deviations; amend- ing the Comprehensive Plan to account for any devia- tions; and providing for a repealer clause and publi- cation. These ordinances were passed and approved on April 9, 2013. /s/ Armando Chapa City Secretary j