HomeMy WebLinkAbout030367 ORD - 12/16/2014 Ordinance amending the Unified Development Code ("UDC"), upon
application by Benjamin Bearden and Karri Davis, ("Owners"), by
changing the UDC Zoning Map in reference to a 1.62-acre tract of
land out of the original 58.07-acre F.J. Picha Tract, from the "FR"
Farm-Rural District to the "RE" Residential Estate 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 Benjamin Bearden and Karri
Davis, ("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, November 5, 2014, during a meeting of the Planning Commission, and on
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 Benjamin Bearden and Karri Davis, ("Owners"),
the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is
amended by changing the zoning on 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, (the "Property"), from the "FR" Farm-Rural
District to the "RE" Residential Estate District (Zoning Map No. 058046), 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.
030317
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 foreggi ordinance was read for the first time- i-1,94to its second reading on
this the `1 day of pQ (�, , 2011-f-, by the following vote:
Nelda Martinez ate, Chad Magill I t 0
I,
Kelley Allen AColleen McIntyre I
Rudy Garza _12, Lillian Riojas
----43 -4
Priscilla Leal 100Mark Scott (1-W
David Loeb
The foreg ng Qrdinance as read for the second time nd passed finally on
this the 1 4 Il ay of Q (!Q,�r11 E A/ , 20 )LF-, by the following vote:
Nelda Martinez . .4: Chad Magill _Idi--
Kelley Allen t , +1 Colleen McIntyre 0 .1 1
Rudy Garza I' :'; Lillian Riojas I./
Priscilla Leal 1, Mark Scott rte•_!
David Loeb ___Ckry-
•
PASSED AND APPROVED this the l W day of , 20 I Li-.
ATTEST:
-751--Le
1 ,I ,
City Secretary Nelda Martinez
Rebecca Huerta Mayor
EFFECTIVEATE
OrdinRE1144-04 13iniainin Bearden and Karri Davis.docx Page 2 of 2
030367
LEGAL DESCRIPTION
1.62 ACRE TRACT
EXHIBIT"A"
BEING a 1.62 acre tract out of the original 58.07 acre F.J.Picha Tract,described in Volume
326,Page 87,Deed Records,Nueces County,Texas,said 1.62 acre tract being the same tract
described in Document Number 2014019930, Deed Records,Nueces County Texas,and being
more particularly described as follows:
BEGINNING at a 5/8 inch iron rod found for the northwest corner of said 1.62 acre tract,same
being the southwest corner of a 1.615 acre tract,as recorded in Volume 1912,Page 901,Deed
Records,Nueces County,Texas and lying on the east right-of-way of Rand Morgan Road.
THENCE North 89°17'34"East,along the north line of said 1.62 acre tract,a distance of 423.28
feet to a 5/8 inch iron rod found for the southeast corner of said 1.615 acre tract,same being the
northeast corner of the herein described tract;
THENCE South 00°42'26"East,with the east line of said 1.62 acre tract,same being the west
line of a 25.628 acre tract,as recorded in Document Number 2010036915,Deed Records,
Nueces County,Texas,a distance of 166.24 feet to a calculated point,from which a found 5/8
inch iron rod bears South 51°35'54"West,a distance of 0.51 feet,said calculated point being the
southeast corner of the herein described tract;
THENCE South 89°I7'34"West,with the south line of said 1.62 acre tract,a distance of 422.98
feet to a 5/8 inch iron rod found for the northwest corner of said 1.615 acre tract,same being a
point on the east right-of-way of Rand Morgan Road,and being the southwest corner of the
herein described tract;
THENCE North 00°48'38"West,with the east right-of-way of Rand Morgan Road,same being
the west line of said 1.62 acre tract,a distance of 166.24 feet to the POINT OF BEGINNING
and containing 1.62 acres.
NOTE:
ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE
SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983 (CORS2011)EPOCH 2010.
OF
Stacey King Mora,RPLS 1l: gtSTE p a;'4,
Registered Professional Land Surveyor "* 7,4 .*
Texas Registration No.6166 STACEY KING MORA
Naismith Engineering,Inc. •• 6166 Y...
TBPE F#355 TBPLS F#100395-00 l9M▪ •iif"11i1gQ► '
Date: 1/4** ,tfrtui",,r-24,-.n 1 L(
S t9345W345-L62 AGM&B.doex
Page 1 of 1
Exhibit A
N
U 20 40� w..7.-.:-...„F� R1 N",j�¢! _-:e '... -'s. save>. O
�a Nre[ PLAT OF „n���aR g-,:,,, PROJECT
3g ��
LEGEND s BEARDEN - DAVIS "'S` ' . "q. .LL LOCATION 4 - y
• IRON ROO FOUND .. - Q -�' 5 h
OBLOCK symeec -...4,.•... ', Via: €-''1.
CALCULATED POINT
BEING A REPEAT OF 1.62 ACRES,BLOCK 1,LOT 3,OUT OF THE ORIGINAL 58.07 ACRE F.J.PICHA TRACT #"+ �' :c Q 3l' g
e PROPERTY LINE DESCRIBED IN DEED OF RECORD IN VOLUME 326,PAGE 88,DEED RECORDS,NUECES COUNTY,TEXAS,AND z ffO S 3y
UTamEASEMENT-U.E. BEING THE SAME TRACT AS DESCRIBED IN DOCUMENT NUMBER 2014019930,DEED RECORDS,NUECES � � II=
YARD REQUIREMENT-YA_ COUNTY,TEXAS. �+ .` 4 Ls E=
—._. ROAD CENTERLINE-a P
M0. ANP RECORDS
•
- t;QjXJ$'�S
DENOTES IMP RECORDS '" '4 wg
MR.,M.C..TX "i (] PRF
NUECES COUNTY.TE%A9
DENOTESDEEDREC x%8 Sa
DR.N.C.,TX. NUECEBCOUNtt,TEXAB �.. M> a^
op„N.C.,Tx.DENOTES OFFICIAL PUBLIC s^
RECORDS NUECES COUNTY.TEXAS r Va�;O
•
I yt C >a MCNORTON RD_ j
I �J 1.615 ACRES M.e .,°...n . 1". .FL "'
VOL.1912.PG.901 LOCATION MAP w' ^=8
NOT TO SCALE W la 'LL
�.._ __._-- I..... GENERAL NOTES W K :r 2
_ ;„m0
e0' 1. TOTAL PLATTED AREA CONTAINS 1.82 ACRES OF Lobs J
I I� q N89°17'34"E 423.28' m LAND. x01 $ a
I0'8, 2. ALL BEARINGS ARE GRID BEARINGS BASED ON C 2.m R
I••I 3 =
U S L' THE TEXAS COORDINATE SYSTEM FOR THE L',"
I
_ a0. a"i LAMBERT SOUTH ZONE(NAD 19031. Fa n
\ j I 75 0 3. THE YARD REQUIREMENT AS DEPICTED, IS A
L7
o REQUIREMENT OF THE UNIFIED DEVELOPMENT
3 I'�( a w CODE AND IS SUBJECT TO CHANGE AS THE Ea I < e
ZONING MAY CHANGE.
u0
tI I i.- 11 - I� W o 4. RECEIVING WATERS: a gg
es o: 2 - Q , LOT 3 THE RECEIVING WATER FOR THE STORM $
____ WATER RUNOFF FROM THIS PROPERTY
r___._ rE D, 1.62 AC. 11 n Z'a n
�- IS ti IS THE OSO CREEK.THE TCEQ HAS NOT
/ t a0 70,341 SO.FT. CLASSIFIED THE AQUATIC LIFE USE FOR THE 0 A
/{i z I W OSO CREEK,BUT IT IS RECOGNIZED AS AN
y Z¢ ENVIRONMENTALLY SENSITIVE AREA.THE A°�d
OSO CREEK FLOWS DIRECTLY INTO THE OSO $
/\j 1 K I BAY.THE TCEQ HAS CLASSIFIED THE AQUATIC
1. OLIFE USE FOR THE OSO BAY AS"EXCEPTIONAL"
I
r AND"OYSTER WATERS"AND CATEGORIZED O
\ 0 SEE DETAIL"A" THE RECEIVING WATER AS"CONTACT w i
< RECREATION'USE. 0 0
•
z w
\\ CC
\� - S89°17'34"W 422.98' I 5. FEMA INFORMATION' 0 m
PLOTTING THE PROPERTY BY SCALE ON 0
\ FLOOD INSURANCE RATE MAP
''S w
DETAIL"A" w 0
"�\ � COMMUNITY-PANEL NO.485484 0733 C MAP,
P
IS
IN
VOL.1912,PG.903 INDICATES THE D AS AREA O LOCATED L FL FLOOD a a
r5 u.e J I e ZONE C•DEFINED AS AREA OF MINIMAL FLOODING. I-Lj
.... a �� NOTE:PROPERTY MUST COMPLY WITH THE TEXAS Cl)
1.815 ACRES
ir
D.R.,N.C.,TX �yzy 4 DEPARTMENT
MANAGEMENTSPORTAT/ON(TXD07J TRAFFIC , a:
it N
i Q F
r u'LS
STATE OF TEXAS Z E.`,,m
COUNTY OF NUECES LU 0
0
does hereby certify that he is the owner of the Cl ,c a Z S
lands embraced within the boundaries of the foregoing map:the easements LL 5
shown hereon are hereby dedicated to the pubic for the installation, STATE OF TEXAS STATE OF TEXAS STATE OF TEXASQ 8 E
operation and maintenance of public ublibes. r3
COUNTY OF NUECES COUNTY OF NUECES COUNTY OF NUECES W rc _w
This Ore day of ) O 2014. iU o,
I,Stacey King Mora,Registered Professional Land Surveyor,hereby This plat of Bearden-Davis,approved by the Department Servicesof Development of the CityI,Diana T.Bartere,Clerk of the County Court in and for said Nueces County. Texas,
certify that this survey map was prepared from en actual on the ground of Corpus Christi,Texas,this the day of ,20 14. hereby certify that the foregoing Instrument of the plat of Bearden-Davis,dated the LL w p 0
By' survey made under my direction and supervision,and represents the day of ,2014,with its certificate of authentication was filed for record In 0 O m 5
Benjamin Bearden,Owner Kant Davis,Owner facts found at the time of survey,and that this survey substantially my office this the day of ,2014,at o'clock .M.and
complies with the current standards adopted by the Texas Board of duly recorded in Volume ,Page ,Map Records of Nueces County, I . 5of 0
°
Professional Land Surveying. Temple Williamson,P.E. Texas. W p p
STATE OF TIXAS Development Services Engineer.
a U p p
COUNTY OF NUECES H
This instrument was acknowledged before me by •proven StaceyKingMora Witness mhand and seal of said office in Corpus Christi,Tthisthedf ry E
to me to be the person whose signature is made on the foregoingF�
instrument of writing,and he acknowledged to me that he executed the
Registeredfig Professional Land Surveyor ,2014.
purpose expressed Texas Regisaabon No.8188 STATE OF TEXAS O
me for the and considerations therein d and in the COUNTY OF NUECES O
capacity stated.
Naismith Engineering,Inc. No.
} This plat of Bearden-Davie,approved by the Planning Commission on the behalf of the City of Diana T.Bamre ¢
Given under my hand and seal of office. this the day of Dala: Corpus Christi,Texas,this the day of _,20 14. Filed for record County Clerk ¢8
2014' At o'clock_.M. Nueces County,Texas e:rc
,2014. i u.
Philip J.Ramirez,AIA,LEED-AP Daniel M.Gdmabo,PE.,A.I.C.P. m 0
Notary Public Chairman Secretary
By,
1. Deputy
ffrcET 1
oP 1
Exhibit B
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
LE AL SALES ' I PRES TATIVE
On this 10 day of -)<.C , 20 14 I certify that the attached document is a true and exact
copy made by publisher.
Nota Public,LF
1 f , \_rJ MICHELLE JOYCE CABRERAin.l.
)," My Commission Expires
f^_ March 19,2016
4E December 9,2014 1 CALLER TIMES
rQ s rt
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-
min Bearden and Karri
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.1: 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
/ 11
GAL SALES REPRESENTATIVE
On this day of , 20 I I certify that the attached document is a true and exact
copy made by publisher.
Notary Pub , at of Texas
t ��innr o'4.
1 MICH! LLE JOYCE CABRERA
My Gurnmission Expires
March 19, 2016
i
CALLER TIMES I December 22,201413E
Legals
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, McKinzie 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