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HomeMy WebLinkAbout030451 ORD - 03/24/2015 Ordinance amending the Unified Development Code ("UDC"), upon application by South Staples, LLC ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, being an 8.57-acre tract out of a 78.76-acre parcel which is out of the East One-Half of the Northwest One-Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22-acre tract out of a 78.76-acre parcel which is out of the East One-Half of the Northwest One-Quarter, Section Thirty, Laureles Farm Tracts, from the "FR" Farm Rural District to the "RS-22/SP" Single-Family 22 District with a Special Permit on Tract 1; and from the "FR" Farm Rural 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 South Staples, LLC ("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, February 11, 2015, during a meeting of the Planning Commission, and on Tuesday, March 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 South Staples, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Tract 1, being an 8.57-acre tract out of a 78.76-acre parcel which is out of the East One-Half of the Northwest One-Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22-acre tract out of a 78.76-acre parcel which is out of the East One-Half of the Northwest One-Quarter, Section Thirty, Laureles Farm Tracts, located along the north side of Farm-to-Market Road 2444 (South Staples Street) and west of County Road 41A(the "Property"), from the "FR" Farm Rural District to the "RS-22/SP" Single-Family 22 District with a Special Permit on Tract 1; and from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District on Tract 2 (Zoning Map No. 048030), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description and map of Tract 1, Exhibit"B", which is a metes and bounds description and map of Tract 2, and Exhibit"C", which is a site plan of the Property, 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 Owner meeting the requirements of Exhibit C and the following conditions for Tract 1: 030451 INDEXED 1. Permitted Uses: The only use authorized by this Special Permit are those authorized by the "RS-22" Single-Family District and single-family detached dwellings on lots with a minimum size of 21,780 square feet. 2. Lot Width: The Property described as Tract 1 shall be developed in accordance with the setback/height/open space requirements of the "RS-22" District with the exception that Lots 2, 3, 58 and 59 are permitted to have a minimum lot width of 60 feet measured at the front yard setback and Lots 1 and 60 are permitted to have a minimum lot width of 90 feet measured at the front yard setback. 3. Time Limit: This Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete public improvement construction permit application has been submitted. 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 foreg i ordinance read for the first time andpassed to its second reading on this the I('day of ' 01--i , 20 if by the following vote: Nelda Martinez A. Brian Rosas I Rudy Garza Lucy Rubio Chad Magill Mark Scott , Colleen McIntyre A . Carolyn Vaughn ' A F Lillian Riojas Ordinance SP 0115-06 South Staples LLC 02.18.15 Page 2 of 3 The foregoin rdinance was read for the second time and passed finally on this the _� y of Oit- Cl"- , 20 f E , by the following vote: Nelda Martinez a,(je Brian Rosas (lC Rudy Garza av Lucy Rubio -(-4 -4/� Chad Magill a Mark Scott -----di (� Colleen McIntyre at. Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the 4day of ` C1LJ , 20 6 ATTEST: TI-Le-C/Ce, 0-t-" Air" Rebecca Huerta Nelda Martinez City Secretary Mayor 1 EFFECTIVE DATE 193115 Ordinance SP 0115-06 South Staples LLC 02.18.15 Page 3 of 3 030451 LEGAL DESCRIPTION RESIDENTIAL TRACT 8.57 ACRES BEING a 8.57 acre tract out of a 78.76 acre parcel which is out of East One-Half of the Northwest One-Quarter,Section Thirty,Laureles Farm Tracts as recorded in Volume 3,Page 15, Map Records,Nueces County,Texas,said 78.76 acres being recorded in Document No. 2006062064, Deed Records,Nueces County,Texas,and being more particularly described as follows: BEGINNING at a found 1 inch iron pipe on the north right-of-way line of FM 2444(South Staples Street)for the southwest corner of said 78.76 acre tract and the southeast corner of a 77.576 acre tract as recorded in Volume 649,Page 251,Deed Records,Nueces County,Texas, and being the southwest corner of the herein described tract; THENCE North 00°49'36"West,with the west line of said 78.76 acre tract, a distance of 455.00 feet to a calculated point for the northwest corner of the herein described tract; THENCE North 89°11'17"East,a distance of 820.13 feet to a calculated point for the northeast corner of the herein described tract; THENCE South 00°49'41"East,a distance of 455.00 feet to a calculated point on the north right-of-way line of said FM 2444,for the southeast corner of the herein described tract; THENCE South 89°11'I7" West,withsaid right-of-way line,same being the south line of said 78.76 acre tract,a distance of 820.14 feet to the POINT OF BEGINNING and containing 8.57 acres,or 373,160.2 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. Stacey ICing Mora,RPLS k i,O F T Registered Professional Land Surveyor Texas Registration No.6166 • * ,* Naismith Engineering,Inc. STACEY'KING'MORA' ..,•.A 6166 ..r": TBPE F#355 TBPLS F#100395-00 .14;•SM ! -� Date: �a,,r,�d 1?5 26 IS { 5:19279 SOUTH STAPLES LLC TRACIIRESIDNT-LEOAL.daax Page I of I Exhibit A N 0 200 400 i ' , 1%�1 GRAPHIC SCALE IN FEET W�' -���; E S •EAST OF RE NW 1 4 O SEC110N 30 FAWN WP=AS SNOW ON MIM MOL 3,PAIN 15 AND Karroo IN CFnOAL 0M00CC111=1011203NTY414Tx N89411'17"E 820.13' R8 0 O iia 0 LTi tri bow en ii.t 8.67 ACRES OUT OF THE EAST 1/2 OP THE NIT 1/4 OF SECTION 90 N MAP VOL,. PAGI° LtUMM FARM TRAME 18 ON W 2 AND RECORDED IN DOC X08082084 CO OFIICLU. PUBLIC RECORDS. NIIECES COUNTY. TX M Ni-amcp :4" b 0 Z S8911'17"W 820.14' vim) er Ecit W55I L • — r IRON PTE roue - S STAPLES STREET �' ! CR 2444 GENERAL NOTES: I,Stacey King MOM,Registered Pmiessbnal 1) AU. BEARINGS ARE GRID BEARINGS BASED ON Land Surveyor,hereby certify that this Survey THE TEXAS COORDINATE SYSTEM FOR THE LAMBER was prepared hom an actual on the ground SOUTH ZONE NAM). survey made under my Chection end 2) METES AND BOUNDS OESCRPTION TO supervision,and represents the facts found at ACCOMPANY THIS EXHIBIT. the time of surrey,end that this survey substantially complies with the anent standards adopted by the Texas Board of Professional Lend Surveying. CillNaismithEngineering,Inc: tAF.r. AIKIQTECIUDEMHIBINEMUN0AENVIROIM�TENTALaSURVEYING • •r.'1. 430100110I@PIM KO WITH SURE 300 7�NE tINGT.al 403 WTOWE DTE Stacey Kin Luh .404.•`,iy�1E P .�i MOMS 0 1511.TX 71411 AYf7IN,T7!78701 NIOWIISYIUE.TX 7051] VICT01114 TX 77101 Oil)5149!00 Tse Diu)70532 Pit(101)541.1130 7N:(100)17771/1 Registered Professional Land Surveyor *; : . 111AD FAIRS WIRE P.M IVGWO.1 4F.40019330■NSraimr/Oi1Rrosarrs4 Texas Registration No.6168 # KING MORA i A 8.57 ACRE TRACT smora®natsmfh-engineering.com , —•r~ 81 8 OUT OF A 78.76 ACRE TRACT Naismith E71gineenag Inc ` AS RECORDED IN DOCUMENT# .9•'•••..n.- ` • 2006062064, OFFICIAL PUBLIC RECORDS, Date: Jc�,.oy.Ne ( I ZOI S ! Sii01 - NUECES COUNTY,TEXAS a..+sr610.1ow k "in mow ft. SNM 1•.200 1°~ 7O .S STAPLES 11 SlIM 9279 O1` 01-111.15 °•• 0 • 1 Exhibit A LEGAL DESCRIPTION COMMERCIAL TRACT 5.22 ACRES BEING a 5.22 acre tract out of a 78.76 acre parcel which is out of East One-Half of the Northwest One-Quarter,Section Thirty,Laureles Farm Tracts as recorded in Volume 3,Page 15, Map Records,Nueces County,Texas,said 78.76 acres being recorded in Document No. 2006062064, Deed Records,Nueces County,Texas,and being more particularly described as follows: BEGINNING at a found 5/8 inch iron rod on the north right-of-way line of FM 2444(South Staples Street)for the southeast corner of said 78.76 acre tract and the southwest corner of a 98.76 acre tract as recorded in Document#2012045937,Deed Records,Nueces County,Texas, and being the southeast corner of the herein described tract; THENCE South 89°11'17"West,with said right-of-way line,same being the south line of said 78.76 acre tract,a distance of 500.00 feet to the southwest corner of the herein described tract; THENCE North 00°49'41"West,a distance of 455.00 feet to a calculated point for the northwest corner of the herein described tract; THENCE North 89°11'17"East,a distance of 500.00 feet to a calculated point on the east line of said 78.76 acre tract,same being the west line of said 98.76 acre tract,for the northeast corner of the herein described tract; THENCE South 00°49'41"East,with the east line of said 78.76 acre tract and the west line of said 98.76 acre tract,a distance of 455.00 feet to POINT OF BEGINNING and containing 5.22 acres,or 227,500 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. Stacey King Mora,RPLS Registered Professional Land Surveyor . t) TFeP�,. ;•�,`��E stgF Texas Registration No.6166 * Naismith Engineering,Inc. '�' •K MORA•; •BTACE!l r• • � TBPE F#355 TBPLS F#100395-00 Ess '— SUn Date: t.a.Jy t3 12' (c Q 5:19279 SOUTH STAPLES LW 1'RACIICOMM-LSOAL dote Pago I of 1 Exhibit B N 0 200 400 GRAPHIC SCALE IN FEET WtE 41 S -[AST 4030F ME NW 1/4 OF SECTION MI ha e FARM VACU ASMAP VOL 3.PACS 155HONN ON OfFICAL PUKE REMO%MOUES"AND RECCIMED IN 00C/20012054 1X N89'11'17"E 500.00' bID = 211o tri Ifi if) 11) Sr 5.22 ACRES OUT OF THE w If ti BAST 2/2 OFT= NW 1/4 OF t= IAURI= FARM TRACTS AS SHOWN ON i) YAP VOL 3. PAGE 16 AND RECORDED IN DOC ISODe052054 Cr) OFFICIAL PUBLIC RECORDS. NUECES d• ¢ COUNTY, TIC O 0 0 z S890 '11'17"W 500.00' .....47;117F04 ROO FOUND S STAPLES STREET r CR 2444 GENERAL NOTES: 1,Stacey King Mom,Registered Professional 1) ALL BEARINGS ARE GRID BEARINGS BASED ON Land Surveyor,hereby Certify that this Survey THE TEXAS COORDINATE SYS1EU FOR THE LAMBERT SOUTH ZONE(NAM).was prepared horn an actual on the ground survey made under my&action and 2) METES AND BOUNDS DESCRIPTION TO supervision,and represents the facts found of ACCOMPANY THIS EXHIBIT. the time of survey,and that this survey substantially complies iwih the current standards adopted by the Texas Board of Professional Land Surveying. 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Exhibit C PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 490205 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 03/30/15 Mon CC-Internet - caller.com 03/ /15 Mon LEGAL SALES REPRESENTATIVE On this 1 0 day of 111014( 1 , 20 I ce ify that the attached document is a true and exact copy made by publisher. Notary Public, S ate of ;.as lawMICHELLE JOYCE CABRERA ,�-, My Commission Expires March 19,2016 4E4-March 30,2015 I CALLER TIMES NOTICE OF PASSAGE OF ORDINANCES) NO. 030451, Ordinance amending the Unified Devel- opment Code ("UDC"), upon application by South Staples, LLC ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, being an 8.57-acre tract out of a 78.76-acre parcel which is out of the East One-Half of the Northwest One-Quar- ter,Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22-acre tract out of a 78.76-acre parcel which is out of the East One-Half of the Northwest One-Quar- ter, Section Thirty, Laure- les Farm Tracts, from the "FR" Farm Rural District to the "RS-22/SP" Single-Fam- ily 22 District with a Spe- cial Permit on Tract 1; and from the "FR" Farm Rural District to the"CN-1"Neigh- borhood Commercial Dis- trict on Tract 2; amending the Comprehensive Plan to account for any deviations; andproviding for a repealer clause and publication.This ordinance was passed and approved on second reading by the City Council on March 24,2015. /s/Rebecca Huerta City Secretary I`lllt�l .t+