The URL can be used to link to this page

Home My WebLink About030072 ORD - 02/11/2014Ordinance amending the Unified Development Code ( "UDC "), upon application by D&E Development Corporation ( "Owner "), by changing 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 Garden 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 Commercial District on Tract C; 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 D &E Development Corporation ( "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 D &E Development Corporation ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 9.79 -acre tract of 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) approximately 1,300 feet east of Airline Road, 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 Commercial District on Tract C (Zoning Map No. 041032), as shown in Exhibits "A," "B," "C" and "D." Exhibit A, which is a metes and bounds description of Tract A; Exhibit B, which is a metes and bounds description of Tract B; Exhibit C, which is a metes a bounds description of Tract C; and Exhibit D, which is a map to accompany the metes and bounds descriptions, 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. f► 3 n INDEXED 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 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. 1213 -04 Ordinance, D&E Development_rev_01132014 Page 2 of 3 The foregona ordinance wa read for the first time and passed to its second reading on this the .,F -day of , t • , 20 I�by the following vote: eil Nelda Martinez Chad Magill 4 Kelley Allen , A 0 Colleen McIntyre 4 Rudy Garza t ! Lillian Riojas Priscilla Leal I...AI.. Mark Scott David Loeb 11Q� The foregojn ordinance as read for the second time � pnd passed finally on this the 1 n g day of as a -t,� , 20 t by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre ___PA. Rudy Garza NY\4114 Lil lian Riojas Priscilla Leal Mark Scott David Loeb ___C_ PASSED AND APPROVED this the I I day of ATTEST: Rebecca Huerta City Secretary EFFECTIV DATE , 20 1 Nelda Martinez Mayor 121 3 04 Ordinance D&E ueveiopment rev101132014 0 3 0 0 7 Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES U RAN ENGINEERING 5.10 Acre Tract Tract "A" .1 Job No. 04462.B3.02 November 16, 2013 Fieldnotes, for a 5.10 Acre Zoning Tract, of Lot 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 -43, Map Records of Nueces County, Texas; said 5.10 acre tract being more fully described as follows: Commencing, at a 5/8 inch iron rod found, on the common boundary of Lots 6 and 7, of the said Section 20, the Northernmost Northeast corner of Lot 19, Block 1, The Vineyards Unit 1B, a map of which is recorded in Volume 59, Pages 24 -25, of the said Map Records; Thence, North 28 °41'56" East, with the said common boundary, 80.00 feet, to the Point of Beginning and Southeast corner of this tract; Thence, North 61°18'04" West, at 45.00 feet, pass the West boundary of an existing 45.00 foot wide drainage easement, as recorded in Volume 1790, Page 171, of the Deed Records of Nueces County, Texas, in all 561.00 feet, to the Southwest corner of this tract; Thence, North 28 °41'56" East, 395.93 feet, to the Northwest comer of this tract; Thence, South 61 °18'04" East, 561.00 feet, to the said common boundary, for the Northeast corner of this tract; Thence, South 28 °41'56" West, with the said common boundary 395.93 feet, to the Point of Beginning, containing 5.10 acres (222,117 square feet) of land, more or less. Bearings based on GPS, NAD 83, State Plane Coordinates, Texas South Zone 4205. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. Also reference accompanying sketch of tract described herein. S:\Surveying \4462\B302 \Tract A_5.10acretract.docx.doc (361)854 -3101 Urban Engineering Keith W. Wool ,12.P.L.S. License No. 5463 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 Page of 2 FAX (361)854 -6001 EXHIBIT A U RAN ENGINEERING 3.85 Acre Tract Tract "B" STATE OF TEXAS COUNTY OF NUECES / Job No. 04462.B3.02 November 15, 2013 Fieldnotes, for a 3.85 Acre Zoning Tract, more or less, of Lots 5 and 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; said 3.10 acre tract being more fully described as follows: Commencing, at a 5/8 inch iron rod found, on the South right -of -way of Saratoga Boulevard (State Highway 357), the Northwest comer of Lot 7, of the said Section 20, for the Northeast comer of the said Lot 6; Thence, North 61°18'04" West, with the said South right -of -way, 561.00 feet and South 28 °41'56" West, 389.00 feet, to the Point of Beginning and Northeast corner of this tract; Thence, South 28 °41'56" West, 745.93 feet, to the North boundary of an existing 80.00 foot wide drainage easement, as recorded in Volume 1790, Page 171, of the Deed Records of Nueces County, Texas, for the Southeast corner of this tract; Thence, North 6101 8'04 "West, with the said North boundary of the existing 80.00 foot wide drainage easement, 243.89 feet, to the Southwest corner of this tract; Thence, North 02 °40'58 "East, 440.58 feet, to the Northwest corner of this tract; Thence, South 61°18'04" East, 343.14 feet, for a corner of this tract; Thence, North 28 °41'56" East, 350.00 feet, for a corner of this tract; Thence, South 6101 8'04 "East, 94.00 feet, to the Point of Beginning, containing 3.85 acres (167,720 square feet) of land, more or less. Bearings based on GPS, NAD 83, State Plane Coordinates, Texas South Zone 4205. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. Also reference accompanying sketch of tract described herein. S:1Surveying144621133021Tract B_3.85acretract.docx.doc (361)854 -3101 Urbinu Engineering r" /f Keith W. Wo ley, R.P.L.S. License No. 5 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 Page 1 of 2 FAX (361)854 -6001 EXHIBIT B 0.84 Acre Tract Tract " C" STATE OF TEXAS COUNTY OF NUECES Job No. 04462333.02 November 15, 2013 Fieldnotes, for a 0.84 Acre Zoning Tract, of Lot 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 -43, Map Records of Nueces County, Texas; said 0.84 acre tract being more fully described as follows: Commencing, at a 5/8 inch iron rod found, on the South right -of -way of Saratoga Boulevard (State Highway 357), the Northwest corner of Lot 7, of the said Section 20, for the Northeast corner of the said Lots 6; Thence, North 61°18'04" West, with the said South right -of -way, 561.00 feet, to the Point of Beginning and Northeast corner of this tract; Thence, South 28 °41'56" West, 389.00 feet, to the Southeast corner of this tract; Thence, North 61 °18'04 "West, 94.00 feet, to the Southwest corner of this tract; Thence, North 28 °41'56" East, 389.00 feet, to the said South right -of -way, for the Northwest corner of this tract; Thence, South 61°18'04" East, with said South right -of -way, 94.00 feet, to the Point of Beginning, containing 0.84 acres (36,566 square feet) of land, more or less. Bearings based on GPS, NAD 83, State Plane Coordinates, Texas South Zone 4205. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. Reference also, accompanying map of the tract described herein. S:1Surveying144621B302\Tract C_0.84acretract.docx.doc (361)854 -3101 Urban Engineering Keith W. Wooley, License No. 5463 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 Page 1 of 2 FAX (361)854 -6001 EXHIBIT C Nsi 940 ;c14 C F F /OU�( 2> 4f0, Or � e / Lf Se o4,4 V R,Vo� a o,�1/00 �eO °ds • A 70' F c/ c i• pj 4/0 9,. r%o o/ \t pte g s ow y y� ■0 kos o� f�OSofS 5610 n 4 40,941/2;00' cre9 • talc94 t Cy •Aaj AS „eves% / R L() 0 Z Legend Fd. 5/8" I.R. V;7ewL,F\ ry or;� � Reeo frO/ rS as 0/9' AeyOred 9 NoeePS24 (n/ / C °ny A Tek os Cb NV 0 40 or o ft, es- 0 46,0":7 h 4q C � +po,4 Slow t q of q. oc. far t Sketch to Accompany FIELDDNOTES for o 9.79 Acre Tract of land, more or less, out of Lots 5 and 6, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 -43, Map Records of Nueces County, Texas URBAN ENGINEERING 1725 S.o,L,e. 5t, Copue CANA 1X 78404 Firm Na 145 784.5 Firm Na 1Q171417 A'KM . (151) 854-3701 FAS (151) 854-6A71 DATE: Nov 15, 2013 SCALE: 1 " =200' JOB NO.: 4462.B3.02 SHEET: 1 of 2 DRAWN BY: JDC 02013 b Urban En•ineering EXHIBIT D State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 299755 PO # 030072 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 O1/ 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. MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Notary Publi exas CALLER -TIMES January 13, 201413E NOTICE OF PUBLIC HEARING APPLICCAA IONS) IN THOE 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- triot 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 roperty 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 4Utttunt callercom 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: lawsongucaller.com Address: PO BOX 9277, CORPUS CHRISTI, TX, 78469 -9277 Phone: (361) 826 -3636 Fax: (000) 000 -0000 Email: LawsonGticaller.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: 1 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 o3oo7V 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 Developmen Services, Planning at (361) 826 -3560, 2406 and Street. /s/ Rebecca Hue City Secreta 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 # 030072- Before m, , 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 F :M LO `r' EE 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 Tim 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 - Intern;t - caller.com 02/17/14 Mon 02/17/14 Mon LEGAL SALES REPRESENTATIVE On thi 9 day of , 20 I certify that the attached document is a true and exact copy made by publisher. MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Not $ky Public, Sta of Texas CALLER-TIMES1 February 17, 201415E Legals 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