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HomeMy WebLinkAbout030164 ORD - 04/29/2014Ordinance amending the Unified Development Code ( "UDC "), upon application by Dorsal Development, LLC ( "Owner "), by changing the UDC Zoning Map in reference to a 70.201 -acre tract of land out of Lots 7, 8, 9 and 10, Section 25 and Lots 1, 2, 5 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "CG -2" General Commercial District on Tract 1; to the "RM -2" Multifamily 2 District on Tract 2; to the "RM -1" Multifamily 1 District on Tract 3; to the "RS -4.5" Single - Family 4.5 District on Tract 4; and to the "RS -TF" Two - Family District on Tract 5; 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 Dorsal Development, LLC ( "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, March 26, 2014, during a meeting of the Planning Commission, and on Tuesday, April 22, 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 by Dorsal Development, LLC ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 70.201 -acre tract of land out of Lots 7, 8, 9 and 10, Section 25 and Lots 1, 2, 5 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Yorktown Boulevard at the intersection of Starry Road (the "Property "), from the "FR" Farm Rural District to the "CG -2" General Commercial District on Tract 1; to the "RM -2" Multifamily 2 District on Tract 2; to the "RM -1" Multifamily 1 District on Tract 3; to the "RS -4.5" Single- Family 4.5 District on Tract 4; and to the "RS -TF" Two - Family District on Tract 5 (Zoning Map Nos. 041030, 041029, 040030), as shown in Exhibits "A," "B," "C," "D," "E," and "F." Exhibits A, B, C, D and E, which are a metes and bounds description of the Property, and Exhibit F, 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. 0301.64 INDEXED 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. The foreg in Q finance was ead for. he first time and passed to its second reading on ' d p , 20 IL, by the following vote: this the Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb ay of Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foreg ing ordinance was r -ad for t e second time nd passed finally on this the 044-4"day of 1 A • , 20 H--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 the1 day of , 20 I 1 ATTEST: City Secretary EFFE EnDMev: lopment, LLC Nelda Marti Mayor 030164 Page 2 of 2 MURRAY BASS, JR., P.E.,R.P.L.S. NIXON M. WELSH, P.E.,R.P.L.S. www.bass- welsh.com STATE OF TEXAS COUNTY OF NUECES BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 § § CG -2 Zoning Tract 3054 S. ALAMEDA, zip 78404 PH. 361 882-5521-- FAX 361 882 -1265 e -mail: murraviraaol.com e -mail: nixmw(a)aol.com February 27, 2014 10029 -M &B CG -2.doc Description of a 12.229 acre tract of land, more or less, a portion of Lot 9, Section 25 and Lots 5 & 6, Section 34, all in Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A ", Pages 41— 43, Map Records, Nueces County, Texas, and also being a portion of a 20.00 acre tract of land described by deed recorded as Document No. 2006037179, Official Records of said county and a portion of a 1938 acre tract of land described by deed, Document No. 2012021105, said official records, said 12.229 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the northeast right -of -way line of Yorktown Boulevard for the southernmost corner of said 19.58 acre tract and southernmost corner of the tract herein described; THENCE N61°00'28" W 739.74' along said northeast right -of -way line of Yorktown Boulevard to a point for the westernmost corner of the tract herein described; THENCE N28 °58'40 "E 719.94' to a point for the northernmost corner of the tract herein described; THENCE S61 °01'20 "E 739.96' to a point in the southeast boundary line of said 19.58 acre tract for the easternmost corner of the tract herein described; THENCE S28 °59'43 "W 720.13' along the southeast boundary line of said 19.58 acre tract to the POINT OF BEGINNING, a sketch showing said 12.229 acre tract for CG -2 Zoning being attached hereto as Exhibit "F ". IXON M. WELSH, R. .L.S. EXHIBIT "A" Page 1 of 1 MURRAY BASS, JR., P.E.,R.P.L.S. NIXON M. WELSH, P.E.,R.P.L.S. www.bass - welsh.com STATE OF TEXAS COUNTY OF NUECES 3054 S. ALAMEDA, zIP 78404 PH. 361 882 - 5521 -- FAX 361 882 -1265 e -mail: murrayiraaol.com e -mail: nixmw0aol.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 RM -2 Zoning Tract February 27, 2014 10029 -M &B RM -2.doc Description of a 4.405 acre tract of land, more or less, a portion of Lot 9, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A ", Pages 41 — 43, Map Records, Nueces County, Texas, and also being a portion of a 20.00 acre tract of land described by deed recorded as Document No. 2006037179, Official Records of said county and a portion of a 20.02 acre tract of land described by deed, Document No. 2006037178, said official records, said 4.405 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the northeast right -of -way line of Yorktown Boulevard for the southernmost corner of the tract herein described, said southernmost corner bears N61 °00'28 "W 739.74 from the southernmost corner of a 19.58 acre tract of land described by deed, Doc. No. 2012021105, said official records; THENCE N61 °00'28" W 204.48' along said northeast right -of -way line of Yorktown Boulevard to a point for southwesterly corner of the tract herein described; THENCE continuing along said northeast right -of -way line of Yorktown Boulevard N61°02'02 "W 62.03' to a point for the westernmost corner of the tract herein described; THENCE N28 °58'40 "E 719.90' to a point for the northernmost corner of the tract herein described; THENCE S61 °01'20 "E 266.51' to a point for the easternmost corner of the tract herein described; THENCE S28 °58'40 "W 719.94' to the POINT OF BEGINNING, a sketch showing said 4.405 acre tract for RM -2 Zoning being attached hereto as Exhibit "F ". EXHIBIT "B" Page 1 of 1 MURRAY BASS, JR., P.E., R.P.L.S. NIXON M. WELSH, P.E.,R.P.L.S. www.bass - welsh.com STATE OF TEXAS COUNTY OF NUECES 3054 S. ALAMEDA, zip 78404 PH. 361 882 -5521— FAx 361 882 -1265 e -mail: murrayjr @aol.com e -mail: nixmw @aol.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 RM -1 Zoning Tract February 27, 2014 10029 -M &B RM -1.doc Description of an 8.721 acre tract of land, more or less, a portion of Lot 9, Section 25 and Lot 6, Section 34, all in Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A ", Pages 41— 43, Map Records, Nueces County, Texas, and also being a portion of a 20.00 acre tract of land described by deed recorded as Document No. 2006037179, Official Records of said county, a portion of a 20.02 acre tract of land described by deed, Document No. 2006037178, said official records, and a portion of a 19.58 acre tract of land described by deed, Doc. No. 2012021105, said official records, said 8.721 acre tract of land as further described by metes and bounds as follows: Starting at a point in the northeast right -of -way line of Yorktown Boulevard which bears S61 °02'02 "W 410.00' from the westernmost corner of said 20.02 acre tract; thence N28 °58'40 "E 719.90' to a point for the westernmost corner and POINT OF BEGINNING of the tract herein described; THENCE N28 °58'40 "E 545.91' to a point for the northernmost corner of the tract herein described; THENCE S61 °01'20 "E 402.82' to a point for north central corner of the tract herein described; THENCE N67 °16'52 "E 42.88' to a point for north central corner of tract herein described; THENCE S22 °43'08 "E 341.01' to a point for easterly corner of the tract herein described; THENCE S61 °01'20 "E 49.51' to a point for the easternmost corner of the tract herein described; THENCE S28 °58'40 "W 368.19' to a point for the southernmost corner of the tract herein described; THENCE N61 °01'20 "W 746.51' to the POINT OF BEGINNING, a sketch showing said 8.721 acre tract for RM -1 Zoning being attached hereto as Exhibit "F ". EXHIBIT ' "C" Page 1 of 1 MURRAY BASS, JR., P.E.,R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. www.bass- welsh.com 3054 S. ALAMEDA, ZIP 78404 PH. 361 882 -5521— FAX 361 882 -1265 e -mail: murrayiraaol.com e -mail: nixmw(&aol.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 RS -4.5 Zoning Tract STATE OF TEXAS COUNTY OF NUECES § February 27, 2014 10029 -M &B RS 4.5.doc Description of a 43.882 acre tract of land, more or less, a portion of Lots 7, 8, 9 and 10, Section 25 and a portion of Lots 1, 2, 5 and 6, Section 34, all out of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A ", Pages 41— 43, Map Records, Nueces County, Texas, and consisting of all of an 11.483 acre tract of land described by deed recorded as Document No. 2010027843, Official Records of said county, a portion of a 20.02 acre tract of land described by deed recorded as Document No. 2006037178, said official records, a portion of a 19.58 acre tract of land described by deed, Document No. 2012021105, said official records and a portion of a 20.00 acre tract of land described by deed recorded as Document No. 2006037179, said official records, said 43.882 acre tract of land as further described by metes and bounds as follows: BEGINNING at the westernmost corner of said 20.02 acre tract, a point in the northeast right -of -way line of 80.00' wide Yorktown Boulevard, for the southernmost west corner of the tract herein described; THENCE along the northwest boundary line of said 20.02 acre tract and along a central southerly boundary line of said 11.483 acre tract N28 °58'40 "E 1869.63' to a point for interior northerly corner of the tract herein described and interior southerly corner of said 11.483 acre tract; THENCE N61 °01'29 "W 499.67' along a southwest boundary line of said 11.483 acre tract to a point in a southeast boundary line of Drainage Channel 31 right -of -way as described by deed recorded in Volume 2046, Page 721, deed records of said county, for the westernmost north corner of the tract herein described; THENCE N28 °59'41 "E 590.42' along said southeast boundary line of Drainage Channel 31 right -of -way to a point for the northernmost corner of the tract herein described and of said 11.483 acre tract and interior corner of said Drainage Channel 31 right -of -way; THENCE S61 °00'00 "E 813.54' along a southwest boundary line of said Drainage Channel 31 right -of -way to a point for the easternmost north corner of the tract herein described and easternmost corner of said 11.483 acre tract; THENCE along the southeast boundary line of said 11.483 acre tract S28 °58'40 "W 653.73' to a point for the southernmost corner of said 11.483 acre tract and central interior corner of the tract herein described and being in the northeast boundary line of said 20.02 acre tract; THENCE S60 °58'31 "E 1102.75' along said northeast boundary line of 20.02 acre tract and along the northeast boundary lines of said 20.00 acre tract and said 19.58 acre tract to a point for the easternmost corner of said 19.58 acre tract and easternmost corner of the tract herein described; THENCE along the southeast boundary line of said 19.58 acre tract S28 °59'43 "W 1085.09' to a point for the southernmost east corner of the tract herein described; EXHIBIT S.;' "D" Page 1 of 2 Metes and Bounds Description, 43.882 acre tract, February 27, 2014, continued: THENCE N61 °01'20" W 259.96' to a point for southerly corner of the tract herein described; THENCE N28 °58'40" E 488.19' to a point for interior easterly corner of the tract herein described and being in the arc of a circular curve to the right having a central angle of 7 °03'46" a radius of 640.00' a tangent length of 39.50' and a chord bearing N26 °15'01" W a distance of 78.84' THENCE along the arc of said circular to the right a distance of 78.89' to the point of tangency; THENCE N22 °43'08" W 226.79' to a point for easterly interior corner of tract herein described; THENCE S67 °16'52" W 162.88' to a point for easterly corner of the tract herein described; THENCE N61 °01'20 "W 402.82' to a point for interior central corner of the tract herein described; THENCE S28 °58'40 "W 1265.81' to a point in said northeast right -of -way line of Yorktown Boulevard for the southernmost west corner of the tract herein described; THENCE along said northeast right -of -way line of Yorktown Boulevard N61 °02'02 "W 410.00' to the POINT OF BEGINNING, a sketch showing said 43.882 acre tract for RS -4.5 Zoning being attached hereto as Exhibit "F'. EXHIBIT `)S, Page 2 of 2 IIDII MURRAY BASS, JR., P.E.,R.P.L.S. NIXON M. WELSH, P.E., R.P.L.S. www.bass - welsh.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 RSTF Zoning Tract STATE OF TEXAS COUNTY OF NUECES 3054 S. ALAMEDA, zip 78404 PH. 361 882 -5521— FAX 361 882 -1265 e -mail: murravir(&aol.com e -mail: nixmw(&aol.com March 11, 2014 10029 -M &B RSTF.doc Description of a 0.964 acre tract of land, more or less, a portion of Lots 1 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A ", Pages 41- 43, Map Records, Nueces County, Texas, and being a portion of a 20.00 acre tract of land described by deed recorded as Document No. 2006037179, Official Records of said county and a portion of a 19.58 acre tract of land described by deed recorded as Document No. 2012021105, said official records, said 0.964 acre tract of land as further described by metes and bounds as follows: Starting at the southernmost corner of said 19.58 acre tract, a point in the northeast right -of -way line of 80' wide Yorktown Boulevard; thence along the southeast boundary line of said 19.58 acre tract N28 °59'43 "E 720.13'; thence N61 °01'20 "W 259.96'; thence N28 °58'40 "E 368.19' to the POINT OF BEGINNING and southernmost corner of the tract herein described; THENCE N61°01'20 "W 49.51' to a point for southerly corner of the tract herein described; THENCE N22 °43'08 "W 341.01' to a point for the westernmost corer of tract herein described; THENCE N67 °16'52 "E 120.00' to a point for the northernmost corner of the tract herein described; THENCE S22 °43'08 "E 226.79' to the point of curvature of a circular curve to the left having a central angle of 7 °3'46 ", a radius of 640.00' and a chord bearing S26 °15'01 "E a distance of 78.84'; THENCE along the arc of said circular curve to the left a distance of 78.89' to a point for the easternmost corner of tract herein described; THENCE S28 °58'40 "W 120.00' to the POINT OF BEGINNING, a sketch showing said 0.964 acre tract for RSTF Zoning being attached hereto as Exhibit "F'. XON M. WELSH, R. .L.S. EXHIBIT "E" Page 1 of 1 D =07° 03' 46' R =640. 00' T =39. 50' L =78. 89' CB =N26' 15' 01' W CH =78. 84' CL Y❑RKT❑WN BLVD APPR ❑X C STARRY R N61' 00' 28' W 944. GEO. MAGEL ET -UX CARMEN CASAS N28° 58' 40' E 186 . 63' CL DRAINAGE CHANNEL 31, CITY OF CORPUS CHRISTI, V. 2046, P. 721, D. R.-\ MAGEL FARMS, LLC SECT ION 25 0I 1518 0 0 N2859' 41' E 590, 42' LOT 6 LOT 7 o m 0' n N O z LOT 10, SECT 251 LOT 7-63. 39' 20. 02 ACRE TRACT, LOT 8 I Q DOC. 2006037178, 0. R. I ro 5 `- RS4. ZONING TRACT Ets� �S 43. 882 AC. �Sp •� S28' 58' 40' W 653. 73' S28' 58' 40' W 1265. 81 719, 90' 545. 91' I —� N 62, 03' RM -2 vd -20, 00 CRE TRACT, ai RUSTY BECK v 4. 405 AC 4 DOC. E006037179, O. R. RM -1 N S28' 58' 40' W a s 8.721 AC �N61 ° 01' 20' W 402. 82' LOT 9, SECT 25 LOT 8, SECT 25 LOT 6, SECT 34 LOT 1, SECT 34 M 04 S67' 16' 52' W co 162. 88',5 n RM -1 raj .''' O- — _ D` o 8. 721 AC .7 N.• Q 95 61.01' 20" W q3' ° e w 49. 51' �'' 226. 79' 368. 19' 120' Q Ce W U `1-) Z Q = �p) (h = l7aZ e} . U W Z I- Q.N CO U OWU �o w J LJW ff J X VI 0 1 U W v .N „ i LOT 25 (,o LOT 24 ti LOT 26 LOT 25 Z J N 719. 94 rL m rr — — 53-- (>!` — �2 19. 58 ACRE TRACT, DOC. 2012021105, 0. R. / N 720. 13' U z RUSTY BECK ET UX LINDA NEE S28.58' 40' W 488. 19' g N6149 151'0' W RS4. 5 Z❑NINb TRACT, 45 o; 43. 882 AC. N 1085. 09' S28° 59' 43' W 1 1805. 2 LOT 5, SECT 34 LOT EDWARD AND PAMELA CANTU 1 2, SECT 34 DALE GREENBURG & LOU I S PUGH, JR. EXHIBIT "F" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTIONS 1- = 400' 140' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB- ZONING JOB NO. 10029 SCALE: 1" = 400' PLOT SCALE: SAME PLOT DATE: 2/27/14 SHEET 1 OF 1 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 348037 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 publication 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 05/05/14 Mon CC-Internet - caller.com 0 /05/14 Mon LEGAL SALES REPRESENTATIVE On this b day of '-k Ot , 20 )Li I certify that the attached document is a true and exact copy made by publisher. Notary Pub c . e e f Texas MICHELLE JOYCE CABRERA My Commission Expires March 19,2016 4E I May 5,2014 I CALLER-TIMES Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO.030163,Ordinance amend- ing the Unified Development Code("UDC"),upon applica- tion by Morent, LLC-Series A ("Owner"), by changing the UDC Zoning Map in ref- erence to Lot 4, Block 16 D, Lokey Subdivision, from the "CG 2" General Com- mercial District to the "IL" Light Industrial District; NO. It 030164, Ordinance amend- ing the Unified Development Code("UDC"),upon applica- tion by Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in ref- erence to a 70.201 acre tract of land out of Lots 7, 8, 9 and 10, Section 25 and Lots 1, 2, 5 and 6, Section 34, Flour Bluff and Encinal Farm and Garden Tracts,from the "FR" Farm Rural District to the "CG 2" General Com- mercial District on Tract 1; to the "RM 2" Multifamily 2 District on Tract 2; to the "RM 1"Multifamily 1 District on Tract 3; to the "RS 4.5" Single Family 4.5 District on Tract 4; and to the "RS TF" Two Family District on Tract 5; NO. 030165, Ordi- nance amending the Unified Development Code ("UDC"), upon application by ZEBA, LLC ("Owner"), by changing the UDC Zoning Map in ref- erence to a 5.864 acre tract of land out of Tract 11 of the Partition of the Estate of John B.Harney,from the"RS 6" Single Family 6 District to the "CG 2" General Com- mercial District; amending the Comprehensive Plan to account for any devia- tions; and providing for a repealer clause and publica- tion.These ordinances were passed and approved on second reading by the City Council on April 29,2014. /s/ Rebecca Huerta City Secretary