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Home My WebLink About030225 ORD - 07/15/2014Ordinance amending the Unified Development Code ( "UDC "), upon application by Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd. ( "Owners "), by changing the UDC Zoning Map in reference to 7.61 acres out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and to the "CN -1" Neighborhood Commercial District on Tract 2; 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 Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd. ( "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, June 4, 2014, during a meeting of the Planning Commission, and on Tuesday, July 8, 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 Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd. ( "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on 7.61 acres out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of South Staples Street, approximately 300 feet north of Corsica Road (the "Property "), from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and to the "CN -1" Neighborhood Commercial District on Tract 2 (Zoning Map No. 044032), as shown in Exhibits "A.1 ", "A.2" and "A.3." Exhibits A.1 and A.2, which are a metes and bounds description of the Property (Tract 1 and Tract 2), and Exhibit A.3, 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. 030225 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 forego' ordinance was re. d for the first time and /passed to its second reading on this the 5 "day of J , 20 1 Lfr by the following vote: Nelda Martinez I Chad Magill Kelley Allen Colleen McIntyre Rudy Garza �...4 Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregping'ordinance was rea for the second tirrle and passed finally on this the I C> ay of 'L , 20 I Lk, 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 IJ day of ATTEST: -• - w. 1 City Secretary EFFECTIVE DATE. 1\V Gonzalez Nelda Mayor 030225 Page 2 of 2 LEGAL DESCRIPTION 3.63 ACRE TRACT A 3.63 ACRE TRACT OF LAND OUT OF A 19.65 ACRE TRACT OF LAND AS RECORDED IN DOCUMENT NUMBER 2009030350, DEED RECORDS, NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING at a calculated point at the intersection of the easterly right -of way line of South Staples Street and the southerly line of a 35.933 acre tract, as recorded in Document Number 2008011575, Official Public Records, Nueces County, Texas, for a corner of the herein described tract; THENCE South 61 °01'40" East, departing said easterly right -of -way line, and with said southerly line, a distance of 400.00 feet to a calculated point, for a corner of the herein described tract; THENCE South 27 °58'45" West, a distance of 395.90 feet to a calculated point on the northerly line of a 5.497 acre tract, as recorded in Document Number 2003024403, Official Public Records, Nueces County, Texas, for a corner of the herein described tract; THENCE North 61 °01'45" West, with said northerly line, a distance of 399.87 feet to a calculated point on the aforementioned easterly right -of -way line of South Staples Street, for a corner of the herein described tract; THENCE North 27 °57'38" East, with said easterly right -of -way line, a distance of 395.92 feet to the POINT OF BEGINNING and containing 158,314 square feet or 3.63 acres of land. NOTE: THIS DESCRIPTION WAS PREPARED IN HOUSE WITHOUT A FIELD SURVEY OF THE PROPERTY DESCRIBED HEREON AND IS FOR DESCRIPTIVE PURPOSES ONLY. ALL BEARINGS ARE BASED ON DEED BEARINGS AS RECORDED IN DOCUMENT NUMBER 2009030350, DEED RECORDS, NUECES COUNTY, TEXAS. Stacey g ora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F #355 TBPLS #100395 -00 Date M Cb11..Ui�{ S: \9294 PARCEL REZONE \LEGAL DESCRIPTION 3.63 Acres -NW Parcel.docx 1 of 1 Exhibit A.1 LEGAL DESCRIPTION 3.98 ACRE TRACT A 3.98 ACRE TRACT OF LAND OUT OF A 19.65 ACRE TRACT OF LAND AS RECORDED ING DOCUMENT NUMBER 2009030350, DEED RECORDS, NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING at a calculated point which bears South 61 °01'40" East, a distance of 400.00 feet from the intersection of the easterly right -of way line of South Staples Street and the southerly line of a 35.933 acre tract, as recorded in Document Number 2008011575, Official Public Records, Nueces County, Texas, for a corner of the herein described tract; THENCE South 61 °01'40" East, with said southerly line, a distance of 438.38 feet to a calculated point on the westerly line of a 12.00 acre tract, as recorded in Document Number 2012038800, Official Public Records, Nueces County, Texas, for a corner of the herein described tract; THENCE South 27 °58'45" West, with said westerly line, a distance of 395.89 feet to a calculated point on the northerly line of a 5.497 acre tract, as recorded in Document Number 2003024403, Official Public Records, Nueces County, Texas, for a corner of the herein described tract; THENCE North 61 °01'45" West, with said northerly line, a distance of 438.38 feet to a calculated point, for a corner of the herein described tract; THENCE North 27 °58'45" East, a distance of 395.90 feet to the POINT OF BEGINNING and containing 173,528 square feet or 3.98 acres of land. NOTE: THIS DESCRIPTION WAS PREPARED IN HOUSE WITHOUT A FIELD SURVEY OF THE PROPERTY DESCRIBED HEREON AND IS FOR DESCRIPTIVE PURPOSES ONLY. ALL BEARINGS ARE BASED ON DEED BEARINGS AS RECORDED IN DOCUMENT NUMBER 2009030350, DEED RECORDS, NUECES COUNTY, TEXAS. Stacey g I 1 ora RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F #355 TBPLS #100395 -00 Date rlf S: \9294 PARCEL REZONE \LEGAL DESCRIPTION 3.98 Acres -SE Parcel.docx 1 OF 1 Exhibit A.2 0 § 0 0 GRAPHIC SCALE IN FEET ® = CALCULATED POINT 4501 GOLLIHAR RD. EXHIBIT "B" A 3.63 ACRE TRACT & A 3.98 ACRE TRACT 0 0 00 j§ /° HO I -8 �§), *)o a <201A )m§ §§!; Ll_ z Z §) \\ 0 |! Exhibit A.3 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 368919 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 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 06/23/14 Mon CC-Internet - caller.com 06/2 14 Mon LEGAL SALES REPRESENTATIVE On this p)5 day of , 20 I I certify that the attached document is a true and exact copy made by publisher. up. EXPIRES Not Public, State of Texas PEREZ- MY commis Febnw�►rit CALLER-TIMES I June 23,2014 I 3E Legals NOTICE OF PUBLIC HEARIN TO CONSIDER RE-ZONING PPLICATION(S)IN THE CIT OF CORPUS CHRISTI Notice is hereby given that the Corpus Christi City Council will conduct a pub- lic hearing on June 24, 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. 0614-01 Dalia 1020 Ayala Holdings, LLC and Gonzalez Family Partner- ship, Ltd.: From the "RS-6 Single-Family 6 District to the "CG-2" General Com- mercial on Tract 1 and to the "CN-1" Neighborhood Com- mercial District on Tract 2. The property to be rezoned is described as being 7.61 acres out of Lots 17, 18, 31, and 32, Section 11, Flour Bluff and Encinal farm and Garden Tracts, located on the east side of South Sta- ples Street, approximately 300 feet north of Corsica Road. 2.Case No.0614-02 Mostagha- si Investment Trust: From the "RE" Residential Estate District to the"RS-6"Single- Family 6 District,the proper- ty to be rezoned is described as being 19.271 acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Carib- bean Drive about 1,900 feet east of Flour Bluff Drive. Information may be obtained by calling or visiting the Department of Development Services at (361) 826-3240, 2406 Leopard Street. /s/Rebecca Huerta City Secretary t PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 379491 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 07/21/14 Mon CC-Internet - caller.com 07/21/14 Mon LEGAL SALES REPRESENTATIVE On this q day of V(-4 , 20 ( Y I certify that the attached document is a true and exact copy made by publisher. YP Notary Public, Sta iri f Texas MICHELLE JOYCE CABRERA kill My Commission Expires March 19, 2016 4E 1July 21,2014 1 CALLER-TIMES cailer.com/Iocalfil Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO. 030225, Ordinance amending the Unified Devel- opment Code("UDC"), upon application by Dalia Ayala Holdings, LLC and Gonza- lez Family Partnership, Ltd. ("Owners"),by changing the UDC Zoning Map in refer- ence to 7.61 acres out of Lots 17, 18,31 and 32,Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "CG-2" Gen- eral Commercial District on Tract 1 and to the "CN-1" Neighborhood Commer- cial District on Tract 2; NO. 030226, Ordinance amend- ing the Unified Development Code("UDC"),upon applica- tion by Mostaghasi Invest- ment Trust ("Owner"), by changing the UDC Zoning Map in reference to 19.271 Acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Gar- den Tracts, from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District;amending the Com- prehensive Plan to account for any deviations;and pro- viding for a repealer clause and publication.These ordi- nances were passed and approved on second reading by the City Council on July 15,2014. /s/Rebecca Huerta City Secretary