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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