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HomeMy WebLinkAbout030073 ORD - 02/11/2014Ordinance amending the Unified Development Code ( "UDC "), upon application by Hammond Jones Development on behalf of James F. Abernathy and Cheryl Faye Abernathy ( "Owners "), by changing the UDC Zoning Map in reference 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" 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 final report and recommendation regarding the application of Hammond Jones Development on behalf of James F. Abernathy and Cheryl Faye Abernathy ( "Owners "), 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 15, 2014, 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 Hammond Jones Development on behalf of James F. Abernathy and Cheryl Faye Abernathy ( "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 0.32 -acre tract of land out of Lot 1, Block 2, Woodlawn Estates (the "Property "), located on the southwest corner of McArdle Road and Daly Drive, from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District (Zoning Map No. 041035), 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 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. +µe0073 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 ordinance was read for the first time and passed to its second reading on this the $'day of KIA C'l,iR -k/ , 20 ICI, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoing ordinance w s rggad for the second time and passed finally on this the 1 \ -1 t day of - I�:.N�Yt4 £ , 20 ILI-, by the following vote: Nelda Martinez Chad Magill Kelley Allen 0a)N}j- Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the fl day of kb/DIU .-12 -U ATTEST: City Secretary EFFECTIVE DATE Ordinan e - 011 -01 Hamm.nd Jones Development Page 2 of 2 n H 030073 Nelda Marti Mayor STATE OF TEXAS COUNTY OF NUECES Job No. 42855.B3.03 December 5, 2013 Fieldnotes, for 0.32 acre tract of land out of Lot 1, Block 2, Woodlawn Estates, a map of which is recorded in Volume 10, Page 34, Map Records of Nueces County, Texas; said tract being more fully described as follows: Beginning, at the point of intersection of the southwest right -of -way line of McArdle Drive, a public roadway and northwest right -of -way of Daly Drive, a public roadway, for the east cooler of said Lot 1 and of this tract; Thence, South 29 °08'30" West, with the Northwest boundary of said Daly Drive and East boundary of said Lot 1 and of this tract, 71.00 feet, to the South comer of this tract; Thence, North 60 °51'30" West, with the Northeast boundary of the remainder of Lot 1, said Block 2, which is recorded in Document No. 1999015450, the Southwest boundary of said Lot I and of this tract, 195.00 feet, to the West corner of this tract; Thence, North 29°08'30" East, with the Southeast boundary of Lot 24, said Block 2, which is recorded in Document No. 1999015450, the Northwest boundary of said Lot I and of this tract, 71.00 feet, to the North corner of this tract; Thence, South 60 °51'30" East, with the Southwest boundary of said McArdle Drive, the Northeast boundary of said Lot 1 and of this tract, 195.00 feet, to the Point of Beginning, containing 0.32 acres (13,845 square feet) of land, more or less. Bearings are based on the recorded plat of Woodlawn Estates, a map of which is recorded in Volume 10, Page 34, Map Records of Nueces County, Texas. 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. (36 r gefff ng\ 42855 \BNPDFFIA FNI la Q49 1 Z ii4g3 9 www.urbaneng.com TBPE Firm #145 EXHIBIT "A" URBAN ENGIN ERIN Dan L. Urban, R.P.L.S. License No. 4710 FAX (361)854 -600 1 Page 1 of 1 / �/ h/ / N60S ao Of �7 (4 < % c'/99 e/OCr Of v 00 9pfs30) l° Rec °r !% /ty° °at as ° /p ° 17) p94c of 99 eg c 5c e 9ays0)typT Ce6NEC) 4o Sketch to Accompany FIELDNOTES for 0.32 acre tract of land out of Lot 1, Block 2, Woodlawn Estates, a mop of which is recorded in Volume 10, Page 34, Map Records of Nueces County, Texas. DATE: Dec. 4, 2013 URBANSCALE: 1"..30' ENGINEERING JOB NO.: 42855.83.03 ,,�,,,," SHEET: 1 of 1 " °rV:17; DRAWN BY: RL�Gn S:\SUnre n•\41855 \8303 \EXHI811 4185•8 303.d •, Pis/ i3t} rmn� • ; "earl aaic 010 1544;01 rnr 010854-6W1 EXHIBIT "B" State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 299755 PO # D3oo73 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 01/1/314 Mon LEGAL SALES REPRESENTATIVE On this day of O , 201 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 Publ tate pexas CALLER-TIMES January 13, 201413E NOTICE OF PUBLIC HEARING TO CONSIDER A PUCATION(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- tridt 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 Development Services, Planning Section at (361) 826 -3560, 2406 Leop- ard Street. /s/ Rebecca Huerta City Secretary CORPUS CHRISTI £attttunt 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: lawsongvcaller.com Address: PO BOX 9277, CORPUS CHRISTI, TX, 78469 -9277 Phone: (361) 826 -3636 Fax: (000) 000 -0000 Email: LawsonG tcaller.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, MPU 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 Developmen Services, Planning at (361) 826 -3560, 2406 and Street. /s/ Rebecca Hue City Secreta 030073 4\ 'ThCfr V 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 # 030013 Before rr. , the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who hein_b first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND F.M1 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 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 - Intern:a - caller.com On thi day of copy made by publisher. 02/17/14 Mon 02/17/14 Mon LEGAL SALES REPRESENTATIVE 0 l I certify that the attached document is a true and exact MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Not Public, Staff of Texas CALLER TIMES 1 February 17, 201415E Legals Legals 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