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HomeMy WebLinkAbout030434 ORD - 02/24/2015 Ordinance amending the Unified Development Code ("UDC"), upon application by The Convent Academy of the Incarnate Word ("Owner"), by changing the UDC Zoning Map in reference to 26.32 acres out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit; 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 The Convent Academy of the Incarnate Word ("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, January 14, 2015, during a meeting of the Planning Commission, and on Tuesday, February 10, 2015, 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 The Convent Academy of the Incarnate Word ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 26.32 acres out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Lipes Boulevard approximately 650 feet west of South Staples Street (the "Property"), from the "RS-6" Single-Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Zoning Map No. 045032), 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 Special Permit granted in Section 1 of this ordinance is subject to the following condition: 1. No structures or dumpster enclosures within 50 feet of the southern property line adjacent to the single-family residential district. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. 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. 1130434 INDEXED SECTION 5. 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 6. 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 7. Publication shall be made in the City's official publication as required by the City's Charter. 0115-01 Ordinance-SP-The Covent Academy of the Incarnate Word.docx Page 2 of 3 The foregoing ordinance ym read for the first time and passed to its second reading on this the 10 day of t ill , 201 S by the following vote: Nelda Martinez i/ Brian Rosas r �Rudy Garza 0 Lucy Rubio Chad Magill /.', A. Mark Scott a-U-614 1 1 Colleen McIntyre ! Carolyn Vaughn -11 Lillian Riojas _a, i The foregoing o dinance w s read for the second time and passed finally on this the o�m ay of , 20 I5, by the following vote: Nelda Martinez alt, Brian Rosas L- 4. 4 Rudy GarzaikakZ__ Lucy Rubio r 1 Chad Magill _4Mark Scott / .1 Colleen McIntyre Carolyn Vaughn ___42. Lillian Riojas ___(4- PASSED AND APPROVED this the c -day of `%-t , 20 15. ATTEST: /2-e-LILX. Ce. 4wti--4-. Rebecca Huerta Nelda Marti z City Secretary Mayor EFFECTIVE DATE _ 2 115 030434 4 0115-0 or.inanc-- - - - •, Academy of the Incarnate Word.docx Page 3 of 3 MURRAY BASS,JR., P.E.,R.P.L.S. 3054 S. ALAAIEDA, ZIP 78404 NixoN M.WELSH, P.E.,R.P.I-.S. 361 882.5521— FAX 361 882-1265 www.hass-wclsh.com c-mail: murravir@aol.com c-mail: nixmw@aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 Field Note Description 26.32 Acre Tract May 16,2012 Being a tract situated in Corpus Christi,Nueces County,Texas a portion of Lots 6 and 7,Section 6, Flour Bluff and Encinal Farm and Garden Tracts as shown on the map thereof recorded in Volume "A" at Pages 41 through 43 of the Map Records of Nueces County, Texas and being generally described as the east 26.32 acres of that 41.32 acre tract described in the Warranty Deed to Convent Academy of the Incarnate Word recorded under Clerk's File No.2006056129 of the Official Public Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found at the northeast corner of the heretofore referenced 41,32 acre tract for the northeast corner of this tract; THENCE S 28°57'10"W along the east boundary of the 41.32 acre tract and the west boundary of Lot 1-A,Block 1, Stonehenge,Unit 1,a map of which is recorded in Volume 64 at Page 286 of the Map Records of Nueces County,Texas and Lot 1,Block 1,San Marin,a map of which is recorded in Volume 57 at Page 193 of the Map Records of Nueces County,Texas,a distance of 958.04 feet to a 5/8 inch iron rod found for the south boundary of Henderson Street, a public roadway, the southeast corner of the 41.32 acres,for the southeast corner of this tract; THENCE N 61°04'37"W along the south boundary of the 41.32 acres,a distance of 1,209.58 feet to a point for the southwest corner of this tract,said point being the southeast corner of a heretofore described 15.0 acre tract; THENCE N 28°55'23"E across the 41.32 acre tract,along the east boundary of the 15.0 acre tract,a distance of 918.67 feet to a point in the south right-of-way line of Lipes Boulevard the northeast corner of the 15.0 acre tract and the northwest corner of this tract; THENCE along the south right-of-way line of Lipes Boulevard S 61°02'50" E a distance of 176.50feet to the point of curvature of a curve to the left; THENCE along said curve to the left whose radius is 623.94 in an easterly direction, a distance of 125.64 feet to the point of tangency of said curve; THENCE continuing along the south right-of-way line of Lipes Boulevard S 72°35'03"E a distance of 100.00 feet to the point of curvature of a curve to the right; THENCE continuing along the south right-of-way line of Lipes Boulevard on said curve to the right, whose radius is 365.96 feet in a southeasterly direction, a distance of 73.69 feet to the point of tangency of said curve; 07013-Field Note Desc3.doc Page 1 of 2 Exhibit"A" THENCE continuing along the south right-of-way line of Lipes Boulevard,S 61°02'50"E a distance of 737.59 feet to the POINT OF BEGINNING, forming a tract embracing 26.32 acres. MURRAY BASS.J'. : � / .2128��'��q.ei. rray Bass,Jr.,R.P.L.S. 8U. ryy"' Nolo; Basis of Bearing is the west Noe of the 41.32 acre trad tt07013-Field Note Desc3.doc Page 2of2 Exhibit"A" IR0SSGAT ,,��16" , ARK. 11yg6 ���56 99 y+ �— CORPUS CHRISTI RETIREMENT '( 3 Grp C:KUsSbAtL SUBDIVISION RESIDENCE ADDITION Geo.y • 5 V. 46. Fs.-2,418.--2441 r VOLUME 64, PAGES 171 & 172, M.R.N.C.T. G`a` ,...................---r'? ' LI S BLVD. S72,p4� "E —1 S61'02'50"E 737.�J9Fnd 5/7—",...e -77-- S61'02 50 E ` 1 Point of Beginning L Z • 176.50' .15-- z'"c5 '"b� 5 \# 61-- "� : z a)W Sy .5. et •b. .. wd04 'vo7_6•r �_. co N Ow I d in \.0-‘7.\46v,ti 15 j a o z 0,� G y1 -4 -J JW J J �� 7,41. 7., Q L/q (0 60 Cli cd a7 03 in in O.; P w 0 Area = 26.32 Acres o N N 9 ,- z IA n !--.:iiin �Eo N NN V)N z -g a. o in N61'04'34/I 1209.58' _HENDERSON ST 1 ° I LOT 6, SECTION 6 LOT 7, SECTION 6 to FB & EF & GT ' FB & EF & GT VOL. A, PGS.41-43, M.R.N.C.T. VOL. A, PGS.41-43, M.R.N.C.T. r P..4iOSTEi•. I • HURRAY BLISS, JR. • p 2128 N:r 'IF � 1%00;Essia�+rO ''V , a RO ' OSED REZONING—RESIDENTIAL CONVENT ACADEMY OF THE INCARNATE WORD—APPLICANT Prepared by Boss & Welsh Engineering Job No: 07013 3054 So. Alameda St. Scale: 1"-200' Corpus Christi, Tx. 78404 Date:6/01/12 (361) 882-5521 (phone) Drawing No: 07013URBAN (361) 882-1265 fax Plotscde: 1=1 `FIRM REGISTRATION N —52 Sheet 3 of 3 1 Exhibit"B" PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI Countnf Nueces } Ad#455783 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 01/25/15 Sun CC-Internet - caller.com 01/25/15 Sun , ,,6 --1) LEGAL SALES REPRESENTATIVE AirN On this�' day of ' 0,nAketA,L.k , 20 15 I certify that the attached document is a true and exact copy made by publisher. O thA P. -Pik...N ti., Nota Public, State of Texas ` z. SYLVIR P.PEREZ ' u ''' MY COMMISSION EXPIRES rr;y," February 27,2017 1 6E I January 25,2015 I CALLER-TIMES x - ' iNOTICE OF PUBLIC HEARING` TO CONSIDER RE-ZONING APPLICATION(S)IN THE CITY 1 O CORPUS CHRISTI Notice f hereby,given that the Corpus Christi City Council will conduct a public hearing on February 10,2015 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. vent Academy of Incar . Incar- nate Word: From the "RS- 6" Single-Family 6 District to the "RM-1" Multifamily 1 District. The property to be rezoned is described as being 26.32 acres out of Lots 6 and 7,Section 6,.Flour Bluff and Encina!Farm and Gar- den Tracts, located along the south side of Lipes Bou levard approximately 650 feet west of South Staples Street(FM 2444). Z Superi- or &H Develpmnt C: From the "CG-2" 'General Commercial District, "ON" Office District and "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District.The property is described as being a 10-acre tract of land out of Lot 2, Block 1, Saratoga Medical: Center Subdivision and out of Lots 5 and 6, Section_9, Bohemian Colony Lands, located north.,of Saratoga Boulevard(SH 357)and west of Norchester Drive. 3 Development0115-03 LPFrom the "RS-22"Single-Family 22 District to. the"RS-15"Sin- gle-Family 15 District. The property to be rezoned is described as Lots 1 through' 7,Block 1 and Lots 1 through 28,Block 2,King Estates Unit 4, located near the south- east and les Street(FM 24South Oso Parkway. Information may be obtained ` by calling or visiting the ofSerrvicesent at (361)v82elofi 3240 2406 Leopard Street. /s/Rca Huerta City Secretary a PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad#471113 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 03/02/15 Mon CC-Internet- caller.com 03/i/15 Mon AL E''SALES REPRESENTATIVE \Ra.On this day of , 20 I - I certify that the attached document is a true and exact copy made by publisher. --- 1 Notary Public, Sta • of Texas 4iiii, MICHELLE JOYCE CABRERA My Commission Expires # March 19,2016 4E I March 2,2015 1 CALLER-TIMES Y !• r ate .,.Y NOTICE OF PASSAGE OF ORDINANCE(S) NO. 030434, Ordinance amending,the Unified Devel- opment Code("UDC"),upon application by The Convent Academy of the Incarnate Word ("Owner"), by chang- ing the UDC Zoning Map in reference to 26.32 acres out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication.This ordinance was passed and approved on second reading by the City Council on Febru- ary 24,2015. /s/Rebecca Huerta City Secretary • NM'V6" '.'i&"