HomeMy WebLinkAbout030366 ORD - 12/16/2014 Ordinance amending the Unified Development Code ("UDC"), upon
application by MVR Construction Company ("Owner"), by changing
the UDC Zoning Map in reference to Tract 1: Being 14.47 acres out of
Tract 3, McKinzie Partition and a portion of Lot 2, Block 7, Maple Hills
Subdivision Unit 2 and all of Lot 4, Block 7, Maple Hills Subdivision
Unit 2 and Tract 2: Being 2.86 acres out of Tract 3, McKinzie Partition
from the "CN-1" Neighborhood Commercial District, "RS-6" Single-
Family 6 District, "RS-TF" Two-Family District to the "RS-4.5" Single-
Family 4.5 District on Tract 1; and from the "RS-6" Single-Family 6
District 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 MVR Construction Company
("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, November 5, 2014, during a meeting of the Planning Commission, and on
Tuesday, December 9, 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 MVR Construction Company ("Owner"), the
Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is
amended by changing the zonings on Tract 1: Being 14.47 acres out of Tract 3,
McKinzie Partition and a portion of Lot 2, Block 7, Maple Hills Subdivision Unit 2 and all
of Lot 4, Block 7, Maple Hills Subdivision Unit 2 and Tract 2: Being 2.86 acres out of
Tract 3, McKinzie Partition, located along the east side of Deer Run Drive and south of
Up River Road (the "Property"), from the "CN-1" Neighborhood Commercial District,
"RS-6" Single-Family 6 District, "RS-TF" Two-Family District to the "RS-4.5" Single-
Family 4.5 District on Tract 1; and from the "RS-6" Single-Family 6 District to the "CN-1"
Neighborhood Commercial District on Tract 2 (Zoning Map No. 060049), 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 description, are
attached to and incorporated in this ordinance by reference as if fully set out herein in
their entireties.
030366
INDEXED
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.
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'n ordinance was read for the first time and passed to its second reading on
this the L1 day of OD(11)(yOi -Q , 20 14 by the following vote:
Nelda Martinez Chad Magill
Kelley Allen It: '! Colleen McIntyre W , !
4 /
Rudy Garza Lillian Riojas d
Priscilla Leal Mark Scott a •AI
-
David Loeb
The foreg ing ordinance s read for the second time and passed finally on
this the I day of \ ('Q ,tfytk3Q V , 20 14-, by the following vote:
Nelda Martinez Chad Magill
Kelley Allen •A Ai, Colleen McIntyre
Rudy Garza I ,: Lillian Riojas .
Priscilla Leal AO u Mark Scott r I_a!��
David Loeb
PASSED AND APPROVED this the I U day of& , 20 I If.
ATTEST:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
EFFE€FIV DATEv' Construction Company 11042014
030366
• TexasGeoTech
LAND SURVEYING, INC.
EXHIBIT"A"
TRACT 1 CURRENT ZONING AND USE-CN-1,RS-6,RSTF AND VACANT
TRACT I PROPOSED ZONING AND USE-RS-4.5
Being a 14.47 acres(630313.2 Sq.Ft.)of land more or less,out of Tract 3,Mckinzie Partition,recorded in Volume 1450,
Page 514, Deed Records Nueces County Texas and being a portion of Lot 2 Block 7, Maple Hills Subdivision Unit 2,as
shown on the Plat or Map recorded in Volume 61,Page 72,Map Records of Nueces County,Texas and all of Lot 4 Block
7,Maple Hills Subdivision Unit 2, as shown on the Plat or Map recorded in Volume 64 Pages 144- 145,Map Records of
Nueces County, Texas, and a portion of a called 14.962 acre tract conveyed to MVR Construction Company, recorded
under document No. 2013054702 Official Public Records of Nueces County,Texas and all being out of the F. W.Shaeffer
Survey No.417,Abstract No. 571, F.W.Shaeffer Survey No.419,Abstract No. 570 and the A. E.Spohn Survey No.422,
Abstract No.850,situated in Corpus Christi,Nueces County Texas,and being more fully described by metes and bounds as
follows:
BEGINNING at a 5/8inch steel rebar found in the cast right of way line of Deer Run Drive(60' ROW),at the northwest
corner of Lot 3 and the southwest corner of Lot 4, of said Maple Hills Subdivision Unit 2 and also being an upper west
corner of this herein described tract,
THENCE: N 08°55'42"E with the east right of way line of said Deer Run Drive and the west line of said Lot 4, of said
Maple Hills Subdivision Unit 2, and a westerly line of this herein described tract a distance of 391.75 feet, to a 518 inch
steel rebar found at the beginning of a circular curve to the right;
THENCE: in a northerly direction with the east right of way line of said Deer Run Dr.and the west line of Lot 4 and Lot 2,
of said Maple Hills Subdivision Unit 2,and a circular curve to the right having a Central Angle of 07°03'36",a Radius of
501.71 feet,an Arc Length of 61.82 feet, and a Chord that Bears N 13°01'31" E, 61.78 feet to a point for the northwest
corner of this herein described tract;
THENCE:S 76°53'18"E across and into said Lot 2,with a northerly line of this herein described tract a distance of 260.02
feet to a point in the west line of said 14.962 acre tract and the east line of said Lot 2 for a northeasterly corner of this
herein described tract;
THENCE: S 08°58'03"W with the west line of said 14.962 acre tract and the cast line of said Lot 2 and Lot 4, and an
easterly line of this herein described tract,a distance of 216.99 feet to a point;
THENCE: S 81°04'16" E across and into said 14.962 acre tract, with a northerly line of this herein described tract a
distance of 450.86 feet to a point in the west line of a called 19.758 acre conveyed to William E.Mckenzie Jr.Family LTD
Partnership,as recorded under Document No. 2010040869,Official Records of Nueces County,Texas, for a northeasterly
corner of this herein described tract;
THENCE: S 08°56'28"W with an easterly line of this herein described tract and the west line of said 19.758 acre tract, a
distance of 1137.13 feet to a 5/8 inch steel rebar found in the north line of Block 1,Highway Village Section 1,as recorded
in Volume 11,Pages 54-55,Map Records of Nueces County,Texas, for the southwest corner of said 19.758 acre tract and
the southeast corner of this herein described tract;
THENCE: N 81°04'16'W with the north line of said Block 1, Highway Village Section 1, and a southerly line of this
herein described tract a distance of 450.47 feet, to a 5/8 inch steel rebar found for the southeast corner of Maple Hills
Subdivision Unit 4,as recorded in Volume 65,Page 138,Map Records of Nueces County,Texas, for the southwest corner
of this herein described tract;
1
THENCE:N 08'56'10"E with the cast line of said Maple Hills Subdivision Unit 4,and Unit 2,and a westerly line of this
herein described tract, a distance of 919.95 feet, to a 5 flinch steel rebar found at the northeast corner of Lot 3, of said
Maple Hills Subdivision Unit 2,for an interior corner of this herein described tract;
THENCE: N 81°03'52" W with the north line of said Lot 3, an interior line of this herein described tract, a distance of
263.52 feet to the POINT OF BEGINNING and containing 14.47 acres(630313.2 Sq.Ft.)of land more or less,
TRACT I1,CURRENT ZONING AND USE—RS-6 AND VACANT
TRACT H,PROPOSED ZONING AND USE-CN-I
Being 2.86 acres(124594.90 Sq. Ft.) of land more or less,being out of Tract 3, Mckinzie Partition,recorded in Volume
1450, Page 514, Deed Records Nueces County Texas and also being out of the F. W. Shaeffer Survey No.417, Abstract
No. 571,F.W. Shaeffer Survey No.419,Abstract No.570 and the A.E. Spohn Survey No.422,Abstract No. 850,situated
in Corpus Christi, Nueces County Texas, being a portion of a called 14.962 acre tract conveyed to MVR Construction
Company,recorded under document No.2013054702,Official Public Records of Nueces County,Texas;
BEGINNING at a 5/8inch steel rebar found in the southwest right of way line of Up River Road (60' ROW), at the
northeast corner of Lot 2,Maple Hills Subdivision Unit 2,as shown on the Plat or Map recorded in Volume 61 Page 72,
Map Records of Nueces County, Texas, and also being the northwest corner of said 14.962 acre tract and this herein
described tract;
THENCE: S 63°17'06"E with the southwest right of way line of said Up River Road and the northeast line of said 14.962
acre tract and this herein described tract,a distance of 473.19 feet to a found 518 inch steel rebar found for the northeast
corner of said 14.962 acre tract and this herein described tract and also being the northwest corner of a called 19.758 acre
tract conveyed to William E.Mckenzie Jr.Family LTD Partnership,as recorded under Document No.2010040869,Official
Records of Nueces County,Texas;
THENCE: S 08°56'28" W with the east line of this herein described tract and the west line of said 19.758 acre tract, a
distance of 204.04 feet to a point for the southeast corner of this herein described tract;
THENCE: N 81°04'16" W across and into said 14.962 acre tract, with the south line of this herein described tract, a
distance of 450.86 feet to a point in the east line of Lot 4 Block 7, Maple Hills Subdivision Unit 2,as shown on the Plat or
Map recorded in Volume 64 Pages 144- 145, Map Records of Nueces County, Texas„ for the southwest corner of this
herein described tract;
THENCE: N 08°58'03"E with the east line of said Lot 4 and said Lot 2 of said Maple Hills Subdivision Unit 2 and the
west line of this herein described tract,a distance of 348.58 feet to the POINT OF BEGINNING and containing 2.86 acres
(124594.90 Sq.Ft.)of land more or less.
BEARINGS AND DISTANCES ARE BASED ON THE TE1AS STATE PUNE COORDINATE S}STEM NAD83 TEXAS SOUTH ZONE.
THIS SURVEY WAS PERFORMED UNDER MY DIRECT SUPER I1S!ON AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF
Joseph B. Crosby,RPLS#5566
SEPTEMBER 23,2014
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TEXAS CEO TECH EXHIBIT "B"
LAND SURVEYING, INC SKETCH TO ACCOMPANY METES
5525 S. STAPLESspat 82 AND BOUNDS DESCRIPTION_
CORPUS CHRISTI. TEXAS 78411
(361) 903-0808 Fax (381) 993-2955 Scale: 1" = 200' feet
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
Count of Nueces } Ad#431988
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 12/09/14 Tue
CC-Internet- caller.com 12/09/14 Tue
•
i ' I l
i
LE AL SALES ' PRESE TATIVE
On this l 0 day of 0 C , 20 I `1 I certify that the attached document is a true and exact
copy made by publisher.
Nota Public, s
(1.37:7/1\_,.y),'''''' MICYRrMyHELLECommJOissinCE ExiresERA
jMarchl92o16CABp
•
4E I December 9,2014 I CALLER TIMES
— n
t
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 December 9,2014 during
a regular Council meeting
which commences at 11:30
a.m. in the Council Cham-
bers,City Hall,1201 Leopard,
to consider the following
zoning application(s) which
are on file in the Department
of Development Services.At
said time&place of hearing,
persons&parties interested
may appear before the City
Council:
1.Case No.1114-01 MVR Con-
struction Company: From
the "CN-1" Neighborhood
Commercial District, "RS-6"
Single-Family 6 District,"RS-
TF" Two-Family District to
the "RS-4.5" Single-Family
4.5 District on Tract 1, and
from the"RS-6"Single-Fam-
ily.6 District to the "CN-1"
Neighborhood Commercial
District on Tract 2.The prop-
erty is described as Tract
1: Being 14.47 acres out of
Tract 3, McKinzie Partition
and a portion of Lot 2,Block
7, Maple Hills Subdivision
Unit 2 and all of Lot 4,Block
7, Maple Hills Subdivision
Unit 2; and Tract 2: Being
2.86 acres out of Tract 3,
McKinzie Partition. The
property is located along
the east side of Deer Run
Drive and south of Up River
Road.
2. Case No. 1114-03 Related
Investors, Ltd.: From the
"FR" Farm Rural District
to "RS-4.5" Single-Family
4.5 District. The property
is described as being 13.18
acres out of Lots 3 and 4,
Section 24, Flour Bluff and
Encinal Farm and Garden
Tracts,located east of Rodd
Field Road and south of Idle
Hour Drive.
3. Case No. 1114-04 Ben-
jamin Bearden and Karri
Davis: From the "FR" Farm
Rural District to the "RE"
Residential Estate District.
The property is described
as being a 1.62-acre tract
of land out of the original
58.07-acre F.J. Picha Tract,
located on the east side of
Rand Morgan Road between
Goodnight Loving Trail and
McNorton Road.
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
ti
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
Count of Nueces } Ad# 443308
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 12/22/14 Mon
CC-Internet - caller.com 12/22/14 Mon
l
L GAL SALES REPRESENTATIVE
On this day of , 20 l I certify that the attached document is a true and exact
copy made by publisher.
Notary Pub , at of Texas
MICH(LLE JOYCE CABRERA
4 ;` My Commission Expires
March 19,2016
Srf Of\F.♦P
CALLER TIMES I December 22,2014 13E
Legals' =f
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 030366, Ordinance
amending the Unified Devel-
opment Code ("UDC"),
upon application by MVR
Construction Company
("Owner"), by changing the
UDC Zoning Map in refer-
ence to Tract 1: Being 14.47
acres out of Tract 3, McK-
inzie Partition and a portion
of Lot 2,Block 7,Maple Hills
Subdivision Unit 2 and all of
Lot 4, Block 7, Maple Hills
Subdivision Unit 2 and Tract
2: Being 2.86 acres out of
Tract 3, McKenzie Partition,
from the "CN-1" Neighbor-
hood Commercial District,
"RS-6" Single-Family 6 Dis-
trict, "RS-TF" Two-Family
District to the "RS-4.5" Sin-
gle- Family 4.5 District on
Tract 1;and from the"RS-6"
Single-Family District to the
"CN-1" Neighborhood Com-
mercial District on Tract
2; NO.030367, Ordinance
amending the Unified Devel-
opment Code("UDC"),upon
application by Benjamin
Bearden and Karri Davis,
("Owners"), by changing
the UDC Zoning Map in ref-
erence to a 1.62-acne tract
of land out of the original
58.07-acre F.J. Picha Tract,
from the "FR" Farm-Rural
District to the "RE" Resi-
dential Estate District; NO.
030368, Ordinance amend-
ing the Unified Development
Code ("UDC"), upon appli-
cation by Related Investors,
Ltd.("Owner"),by changing
the UDC Zoning Map in ref-
erence to a 13.18-acre tract
of land out of Lots 3 and 4,
Section 24, Flour Bluff and
Encinal Farm and Garden
Tracts, from the "FR" Farm
Rural District to the"RS-4.5"
Single Family 4.5 District;
amending the Comprehen-
sive Plan to account for any
deviations;and providing for
a repealer clause and pub-
lication. These ordinances
were passed and approved
on second reading by the
City Council on December
16,2014.
/s/Rebecca Huerta
City Secretary