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Home My WebLink About030071 ORD - 02/11/2014Ordinance amending the Unified Development Code ( "UDC "), upon application by Charles E. Butler on behalf of CPAT L.L.C. ( "Owner "), by changing the UDC Zoning Map in reference to a 2.28 -acre tract of land out of a portion of Lot 4 -B and Lot 5D -R, Block A, Joslin Tract, from the "RS -6" Single- Family 6 District to the "CG -2" General Commercial 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 by Charles E. Butler on behalf of CPAT L.L.C. ( "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, December 18, 2013, during a meeting of the Planning Commission, and on Tuesday, January 28, 2014, 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 E. Butler on behalf of CPAT L.L.C. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 2.28 -acre tract of land out of a portion of Lot 4 -B and Lot 5D -R, Block A, Joslin Tract, located on the north side of South Padre Island Drive (SH 358) and approximately 850 feet east of Rodd Field Road, from the "RS -6" Single- Family 6 District to the "CG -2" General Commercial District (Zoning Map No. 040034), as shown in Exhibits "A" and Exhibit "B." Exhibit A, which is a metes a bounds description of the Property, and Exhibit B, which is a location map of the Property, 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. 0071 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. The foregoin prdinance was read for the first time and passed to its second reading on this the . i-day of J tutuA Q,1� -t, - , 20 Pi-, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb AbLud Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoir aiordinance v'Mr-j1/1 s read for the second time -and passed finally on this the I' ' 'day of , 20 it- by the following vote: Nelda Martinez °LUX/kJ- Chad Magill Kelley Allen ,U.) Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal h Mark Scott David Loeb L__ I kA-N k_ , 20 I L� PASSED AND APPROVED this the day of ATTEST: ebecca Huerta City Secretary EFFECTIVE DATE 1213 -06 rd n les E. B tier rev01132014 Nelda Martin Mayor 030071 Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES Field Notes of a 2.280 acre tract of land out of a portion of Lot 4 - B, Block A, Joslin Tract, as shown on a map recorded in Volume 35, Page 69, Map Records Nueces County, Texas, and out of Lot 5D — R, Block A, Joslin Tract, as shown on a map recorded in Volume 31, Page 87, Map Records Nueces County, Texas. Said 2.280 acres being more particularly described as follows: COMMENCING at a 5/8" iron rod found in the north right of way of South Padre Island Drive for the southwest comer of Lot 4 - B, THENCE North 28 °40'30" East, a distance of 321.22 feet to a point in the southwest boundary line of Lot 2, Section 28, F.B. & E.F. & G.T., as shown on a map recorded in Volume A, Page 43, the southwest comer of this survey, and for the POINT of BEGINNING. THENCE North 28 °40'30" East, a distance of 468.21 feet to a 5/8" iron rod found for the northwest comer of this survey. THENCE South 61 °53'52" East, a distance of 165.16 feet to a 5/8" iron rod found for an outside corner of this survey. THENCE South 28 °40'54" West, a distance of 8.04 feet to a 5/8' iron rod found for the inside comer of this survey. THENCE South 61 °04'56" East, a distance of 82.29 feet to a 5/8" iron rod found for the northeast comer of this survey. THENCE South 28 °40'54" West, a distance of 271.12 feet to a 5/8" iron rod found for the outside comer of this survey. THENCE North 63 °46'56" West, a distance of 82.37 feet to a 5/8" iron rod found for the inside corner of this survey. THENCE South 28 °40'54" West, a distance of 179.74 feet to a 5/8" iron rod found for the southeast comer of this survey. THENCE North 63 °46'56" West, a distance of 165.24 feet to the POINT of BEGINNING of this survey, and containing 2.280 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day December 3, 2013 and is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: December 17, 2013. Job 131467 -2 EXHIBIT A RM -1 C SUBJ_- CT PRO ERTY RS-6 SP /08 -t8 CG -2 SP/06 -13 : 12/6/2013 pared By: jeremym ment Services artment of CASE: 1213 -06 SUBJECT PROPERTY WITH ZONING SUBJECT PROPER RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS-6 Single- Family 6 RS -4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home AIN LOCATION MAP State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 299755 PO # 03rk7/ 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 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 CC- Internet - caller.com 01/13/14 Mon 01/1,4 Mon LEGAL SALES REPRESENTATIVE On this / day of , 201. �1 I certify that the attached document is a true and exact copy made by publisher. Notary Public, State p7exas MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 CALLER-TIMES January 13, 201413E NOTICE OF PUBLIC HEARING TO A PLICATIONI (S) IN THEE CITY OF CORPUS CHRISTI Notice is hereby given that the Corpus Christi City Council will conduct a public hearing on January 28, 2014 during a regular Council meeting which commences at 11:30 a.m. in the Council Chambers, City Hall, 1201 Leopard, to consider the fol- lowing zoning application(s) which are on file in Depart- ment of Development Ser- vices. At said time & place of hearing, persons & par- ties interested may appear before the City Council: 1. Case No. 1213 -02, MPM Development, LP: From "FR" Farm Rural District to the "RS -22" Single- Family 22 District. The property is described as being a 23.206 - acre tract out of a portion of the south half of Section 31, Laureles Farm Tracts, located on the south side of South Staples Street (FM 2444), approximately 360 feet east of King Trail. 2. Case No. 1213 -03, Spear Consolidated, Ltd.: From the "RS -6" Single - Family 6 Dis- trict to the "CG -2 General Commercial District. The property is described as being a 4.07 -acre tract of land out of a portion of Lot 5, Section 8, Bohemian Colony Lands, located on the north side of Saratoga Boulevard (SH 357) approximately a one -half mile east of Ayers Street (SH 286 Business). 3. Case No. 1213 -04, DBE Development Corporation: From the "RS -TF" Two -Fami- ly District to the "RM -1" Mul- tifamily 1 District on Tract A and to the "ON" Office Dis- trict on Tract B and from the "RM -3" Multifamily 3 District to the "CG -2" General Com- mercial District on Tract C. The property to be rezoned is described as being a 9.79 - acre tract land out of Lots 5 and 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Saratoga Boulevard (SH 357), approxi- mately 1,300 feet east of Air- line Road. 4. Case No. 1213-06 Charles E. Butler: From the "RS -6" Sin- gle- Family 6 District to the "CG -2" General Commercial District. The property to be rezoned is described as being a 2.28 -acre tract of land out of portion of Lot 4 -B and Lot 5D -R Block A, Joslin Tract, located on the north side of South Padre Island Drive (SH 358) and approxi- mately 850 feet east ofpRodd Field Road. 5. Case 0114 -01, Hammond Jones Development: From the "RS -6" Single- Family 6 District to the "RM -1" Multi- family 1 District. The proper- ty to be rezoned is described as being a 0.32 -acre tract of land out of Lot 1, Block 2, Woodlawn Estates, located on the southwest corner of McArdle Road and Daly Drive. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826 -3560, 2406 Leop- ard Street. /s/ Rebecca Huerta City Secretary CORPUS CHRISTI £atttt4unt caHer0m Sales Rep: Georgia Lawson (C9190) > Ad Proof Phone: (361) 884 -2011 Date: 01/09/14 Account Number. 172983 (CC 18438) Company Name: CITY OF CORPUS CHRISTI Contact Name: Email: lawsongriicaller.com Address: PO BOX 9277, CORPUS CHRISTI, TX, 78469 -9277 Phone: (361) 826 -3636 Fax: (000) 000 -0000 Email: LawsonG @caller.com 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: 299755 P.O. No.: Total Cost: $469.65 Tag Line: NOTICE OF PUBLIC HEARING TO CONSIDER Start Date: 01/13/14 Number of Xs: I Stop Date: 01/13/14 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(S) IN THE CITY OF CORPUS CHRISTI Notice is hereby given that the Corpus Christi City Council will conduct a public hearing on January 28, 2014 during a regular Council meeting which commences at 11:30 a.m. in the Council Chambers, City Hall, 1201 Leopard, to consider the fol- lowing zoning application(s) which are on file in Depart- ment of Development Ser- vices. At said time & place of hearing, persons & par- ties interested may appear before the City Council: 1. Case No. 1213 -02, MPM Development, LP: From "FR" Farm Rural District to the "RS -22" Single - Family 22 District. The property is described as being a 23.206 - acre tract out of a portion of the south half of Section 31, Laureles Farm Tracts, located on the south side of South Staples Street (FM 2444), approximately 360 feet east of King Trail. 2. Case No. 1213 -03, Spear Consolidated, Ltd.: From the "RS -6" Single - Family 6 Dis- trict to the "CG -2 General Commercial District. The property is described as being a 4.07 -acre tract of land out of a portion of Lot 5, Section 8, Bohemian Colony Lands, located on the north side of Saratoga Boulevard (SH 357) approximately a one -half mile east of Ayers Street (SH 286 Business). 3. Case No. 1213 -04, D &E Development Corporation: From the "RS -TF" Two -Fami- ly District to the "RM -1" Mul- tifamily 1 District on Tract A and to the "ON" Office Dis- trict on Tract B and from the "RM -3" Multifamily 3 District to the "CG -2" General Com- mercial District on Tract C. The property to be rezoned is described as being a 9.79 - acre tract land out of Lots 5 and 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Saratoga Boulevard (SH 357), approxi- mately 1,300 feet east of Air- line Road. 4. Case No. 1213-06 Charles E. Butler. From the "RS -6" Sin- gle- Family 6 District to the "CG -2" General Commercial District. The property to be rezoned is described as being a 2.28 -acre tract of land out of portion of Lot 4 -B and Lot 5D -R Block A, Joslin Tract, located on the north side of South Padre Island Drive (SH 358) and approxi- mately 850 feet east of Rodd Field Road. 5. Case 0114 -01, Hammond Jones Development: From the "RS -6" Single - Family 6 District to the "RM -1" Multi - family 1 District. The proper- ty to be rezoned is described as being a 0.32 -acre tract of land out of Lot 1, Block 2, Woodlawn Estates, located on the southwest corner of McArdle Road and Daly Drive. Information may be obtained by calling or visiting the Department of Developme.n Services, Planning of at (361) 826 -3560, 2406 and Street. /s/ Rebecca Hue City Secreta 00071 q\` 7/ 6.in/ 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. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 314044 PO # 03oe7 Before 1r.. , the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who heir_; first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND FMt LCi t'EE OF THE PUBLISHER, namely, the Corpus Christi Caller - Times, a daily newspaper pub)' shed 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): N 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. 02/17/14 Mon 02/17/14 Mon LEGAL SALES REPRESENTATIVE , 20 N. I certify that the attached document is a true and exact MICHELLE JOYCE CABRERA My Commission Expires March 19. 2016 Not Public, Star of Texas CALLER TIMES 1 February 17, 201415E Legais Legais NOTICE OF PASSAGE OF ORDINANCE(S): NO. 030069, Ordinance amending the Unified Devel- opment Code ( "UDC "), upon application by MPM Devel- opment, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 23.206 acre tract of land out of a portion of the south half of Section 31, Laureles Farm Tracts, from the "FR" Farm Rural District to the "RS 22" Single Family 22 District; NO. 030070, Ordinance amend- ing the Unified Development Code ("UDC"), upon applica- tion by Spear Consolidated, Ltd. ( "Owner "), by changing the UDC Zoning Map in ref- erence to a 4.07 acre tract of land out of a portion of Lot 5, Section 8, Bohemian Colony Lands, from the "RS 6" Sin- gle Family 6 District to the "CG 2" General Commercial District; NO. 030071, Ordi- nance amending the Unified Development Code ( "UDC "), upon application by Charles E. Butler on behalf of CPAT L.L.C. ( "Owner "), by chang- ing the UDC Zoning Map in reference to a 2.28 acre tract of land out of a portion of Lot 4 B and Lot 5D R, Block A, Joslin Tract, from the "RS 6" Single Family 6 District to the "CG 2" General Com- mercial District; NO. 030072, Ordinance amending the Unified Development Code ( "UDC "), upon application by D &E Development Corpo- ration ( "Owner "), by chang- ing the UDC Zoning Map in reference to a 9.79 acre tract of land out of Lots 5 and 6, Section 20, Flour Bluff and Encinal Farm and Gar- den Tracts from the "RS TF" Two Family District to the "RM 1" Multifamily 1 District on Tract A, from the "RS TF" Two Family District and the "RM 3" Multifamily 3 District to the "ON" Office District on Tract B, and from the "RM 3" Multifamily 3 District to the "CG 2" General Com- mercial District on Tract C; and NO. 030073, Ordinance amending the Unified Devel- opment Code ( "UDC "), upon application by Ham- mond Jones Development on behalf of James F. Abernathy and Cheryl Faye Abernathy ("Owners"), by changing the UDC Zoning Map in refer- ence to a 0.32 acre tract of land out of Lot 1, Block 2, Woodlawn Estates, from the "RS 6" Single Family 6 District to the "RM 1" Mul- tifamily 1 District; 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 second reading by the City Council on February 11, 2014. /s/ Rebecca Huerta City Secretary