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HomeMy WebLinkAbout030597 ORD - 09/08/2015 Ordinance amending the Unified Development Code ("UDC"), upon application by Peterson Properties, Ltd. ("Owner") by changing the UDC Zoning Map in reference a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a.0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas (the "Property") from the"CG-2" General Commercial District to the "IL" Light Industrial 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 Peterson Properties, Ltd. ("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, July 29, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "IL" Light Industrial District, and on Tuesday, August 25, 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 Peterson Properties, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas, located on the southeast corner of Old Brownsville 030 59~ INDEXED Road and North Padre Island Drive (SH 358) (the "Property"), from the "CG-2" General Commercial District to the "IL" Light Industrial District(Zoning Map No. 051040), as shown in Exhibit "A" and Exhibit "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. 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. 0715-04 Ordinance-Peterson Properties, Ltd. Page 2 of 3 The foreg Rin rdinance w read for th first time and assed to its second reading on this the "L`�l iVay of ( ( , 20 I,-by the following vote: Nelda Martinez I .,! Brian Rosas ,.i, I I ,- , Rudy Garza ��'I 0 Lucy Rubio I Chad Magill / 1 Mark Scott i1,, Colleen McIntyre I �/� Carolyn Vaughn %A • - - Lillian Riojas _____4. i The forego' g ordinance was rea for the second tim d passed finally on this the ti`f'"'day of 50� &Male_,, 20_by the following vote: Nelda Martinez Brian Rosas ___Iy-, Rudy Garza 1- , / Lucy Rubio —aLp 1 Chad Magill �� Mark ScottAP , Colleen McIntyre _ !' Carolyn Vaughn ice. I I Lillian Riojas A 1 PASSED AND APPROVED this the 611sday of441/11.,10e,ke ), 20 15. ATTEST: D- z-10-U,e,e. h'd-U9LtrA Rebecca Huerta Nelda Martin City Secretary Mayor EFFE TIVE LATE ill 7 - 4' rdina I-Peterson >roperties, Ltd. Page 3 of 3 03075 IlL ENGINEERING Job No.40706.B4.04 June 10,20I5 2.65 Acre Tract STATE,OF TEXAS COUNTY OF NUECES Fieldnotes for a 2.65 Acre Tract being portions of Lot 10,Section 5,Range VIII,of the Gugenheim& Cohn's Farm Lots,a Map of which is recorded in Volume A,Page 53,Map Records of Nueces County, Texas,Tract 1-B and Tract 6,M.M.Gabriel Land,a map of which is recorded in Volume 2,Page 22, Miscellaneous Map Records of Nueces County,Texas,a 9.980 Acre Tract,described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties,LTD.,a Texas limited partnership recorded in Document Number 837113,Official Public Records of Nueces County, Texas,a 2.083 Acre Tract conveyed in a warranty deed from Page J.Gabriel and wife,Virginia Mae Gabriel to Gulfway Shopping Center Inc.recorded in Volume 1310,Page 177,Deed Records of Nueces County,Texas,and all of a 0.446 Acre Tract conveyed in a Warranty Deed from I.V.Gabriel and wife, Wanda Gabriel to Ray E.Peterson recorded in Volume 903,Page 352,Deed Records of Nueces County, Texas;said 2.65 Acre Tract being more fully described as follows: Beginning,at a Texas Department of Transportation(TXDOT)Type I Monument(broken) Found on the Southwest Right-of-Way of North Padre Island Drive Frontage Road,the East corner of the said 0.446 Acre Tract,the North corner of the said Tract II,for an inner ell corner of this Tract; Thence,South 52°16'29"East,with common boundary line of the said Southwest Right-of-Way and the Northeast line of Tract II,77.28 Feet,to a 5/8 Inch Iron Rod with a cap stamped"URBAN ENGR. C.C.T.X."Set, for the East corner of this Tract; Thence,with the boundary of this Tract as follows: • South 68°51'43"West,departing said common line,over and across said Tract II,76.87 Feet,to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR.C.C.T.X."Set,for in inner ell corner of this Tract; • South 52°4274"West,333.06 Feet,to a 5/8 Inch Iron Rod with a cap stamped"URBAN ENGR. C.C.T.X."Set,for the South corner of this Tract; • North 37°17'36"West,at 56.18 Feet,pass the Southeast boundary line of the said 2.083 Acre Tract, in all a distance of 295.18 Feet,to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR.C.C.T.X."Set on the Southeast Right-of-Way of Old Brownsville Road,the Northwest line of the said 2.083 Acre Tract,for the West corner of this Tract; S\SurvgingW07061840410FFICEMETES AND BOUNDS/4070613404_2.65Aaes Page I oft (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE,Firm#145•TBPLS Firm#10032400 Exhibit"A" Thence,North 52°42'24"East,with the said common line of the said Southeast Right-of-Way of { Old Brownsville Road and the Northwest line of the said 2.083 Acre Tract,at 282.24 Feet pass the West corner of the said 0.446 Acre Tract,the North corner of the said 2.083 Acre Tract,in all a distance of 387.84 Feet,to the said Southwest Right-of-Way of North Padre Island Drive Frontage Road,for the North corner of this Tract; Thence,South 37°04'29"East,with the common line of the said Southwest Right-of-Way and the Northeast line of the said 0.446 Acre Tract,241.91 Feet,to the Point of Beginning,and containing 2.65 Acres(115,428 SqFt)of land,more or less; Bearings based on GPS,NAD83,State Plane Coordinates,Texas South Zone 4205. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. OF ' URBAN ENGINEERING 4 .5 V `•,o95461,,A do Keith W.Wooleti,R.P.L.S. sLi License No.5463 S:\Surveying140706113404140706B404 2.65Acres.docc Page 2 of2 (361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE, Firm#145•TBPLS Firm it 10032400 Exhibit"A" S?Salvmv iot4O7O I503tZ4C1QUSa3,MsadZONOo5wtibe dwa,5#1512"5 #W )3,5 ll:s5.117 AM. Cde* Exhibit B Bro Lel t / Sketch to Accompany Vol.27,P Tract , A 265 Acre. Zoning Tract, of Lot 10, Section 5, Range VIN. of the Ougenhehn Vd27,Pg.12, M RN.C.T. A: Cohn', Fann Lots, a Map of which h recorded In Val me A, Poge 53, Map `� / Records of Nueces County, Tams, being o porton of Tract 1-B and Tract 6, \ M.M. Gabriel Land, a map of which Is recorded In Volume 2, Poge 22, of the `• / Miscellaneous Map Record, of Nuecee County, Texas. a 9.980 Acre Tract, described as Tract N, conveyed N a warranty deed from Patricia Ray Peterson ,\ Brown-L..Trost / Num to Peterson Properties, LTD., a Texas limited partnership recorded In Vol.• 45.Pg.50.Mop Document Number 837113, of the Official Public Records of Nueces County, �` Records of Now.Country PQ `P�� 2G Texas. a 2.083 Acre Tract conveyed M a warranty deed from Page L Gabriel Teams O/ and wife, Virginia Mae Gabriel to Gulfway Shing Center Inc. recorded hi x` Lot 2-A/ ti S.. -P� Volume 1310, age 177, of the Deed Records o Nueces County, Texas and all ��� ,�,1. ryI. 'S,o of a 0.448 Acre Tract conveyed In a Warranty Deed from J.V. Gabriel and wife, ` `9\ .`ye e' �yO Wanda Gabriel to Roy E. Peterson recorded in Volume 903,Page 352. �‘49\* , ti� 4.M oQp��t%t r': / stn Lot 4A 1p Broin-Le.Tract OV s1� •O• 'tie ya.V-��� '•Di. `��1� Vd.46.Pg.56,Map ` V •'e��",,,aaa - Records of Fleeces County, Q F �2a LOCATION MAP N.T.S. Teas/ / ��e• �'f/` e ,yo s �� V COUNTY OF NUECES 2.65 Acres �� ^f,� fora' CITY OF CORPUS CHRISTI / / /115.428 SaFt A By 616' / ' 1 1.•�Y.. 0/ us , N th '�►d' ,. nr 1i ,5y° �'` Site L° jos• ti" aL ` CA,i`eM1q �I,! 9163. foo �-_ .��eti.a� �' I! C �yyyB - At1Nn� `Illi .r��e ,�,rr 4#40%4.d',0 a •'iliEltil a criHtj'f3 to'�' e,g3 ,o Q FARM LETS es FY. TL VOL.TRACT PE. �!�] j c MAO AQ.Tract t A, P1 . a7 L Doe.Mo.1137113 a ��]� r� �r Paten.Pre tf LTD�*rOS E1�`lalJeJ��.da.7a U R B A N r r DATE: June 15 2015 1 20 e • 1 a`S.�yM1M1 ENGINEERING 111 100 '0 *�a Qat• ,,,,,,,,r, 111 JOB NO.: 40706.85.03 IV tatSrti.�� WV= "Are... SHEET 1 OF 1 r 71'a 0 �4,oPJp' re aur. .ww.i• DRAWN BY: CDS Exhibit"B" r PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 637613 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 08/09/15 Sun CC-Internet - caller.com 08/09 Sun LEGAL—SALES REPRESENTATIVE On this L l day of ,I, 20 ( certify that the attached document is a true and exact copy made by publisher. Notary Public, State of Texas n.P� MICHELLE JOYCE CABRERA My Commission Expires '�^�, March 19.2016 6E»Sunday,August 9,2015»CALLER-TIMES Legals 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 August 25, 2015 during a regular Council meeting which commences at 11:30 a.m. in the Council Chambers, City Hall, 1201 Leopard,to consider the fol- lowing zoning application(s) which are on file in Depart- ment of Development Ser- vices. At said time & place of hearing, persons & par- ties interested may appear before the City Council: 1.Case No.0715-04 Peterson Properties,Ltd.:Being a 2.65 Acre tract being portions of Lot 10,Section 5,Range VIII, of the Gugenheim & Cohn's Farm Lots,and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract,described as Tract II, conveyed in a warranty deed from Patri- cia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Num- ber 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabri- el and wife, Virginia Mae Gabriel to Gulf way Shopping Center Inc. recorded in Vol- ume 1310, Page 177, Deed Records of Nueces County, Texas,and all of a 0.446 Acre Tract conveyed in a War- ranty Deed from J.V.Gabriel and wife,Wanda Gabriel to Ray E.Peterson recorded in Volume 903,Page 352,Deed Records of Nueces County, Texas,located on the south- east corner of Old Browns- ville Road and North Padre Island Drive(SH 358). 2.Case No.0715-05 John Ken- dall and The Boston Group: A change of zoningg fro, the -"`RM-1" Multifamilf 1 Dia- trict to the "CG-2" General- Commercial- eneralCommercial-.District.--The property to be rezoned is described as being a 10.293- acre tract of land out of Lots 13 and 14,Section 55, Flour Bluff Encinal Farm and Gar- den Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road. 3.Case No.0715-06 John Ken- dall and The Boston Group: A change of zoning from the "RM-1" Multifamily 1 Dis- trict to the"IL" Light Indus- trial District. The property .. is described as being 2.257 acres of land being out of Lot 14,Section 55,Flour Bluff Encinal Farm and Garden Tracts, located along the south side of.Graham Road between Waldron Road and Humble Road. Information may be obtained by calling or:visiting the Department of Development Services at (361) 826-3240, 2406 Leopard Street /s/Rebecca City Secretary 1 4 Pu %,It `J{ ` PUBLISHER'S AFFIDAVIT 2815 OCT -8 AI 9: 45 State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 687374 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 09/14/15 Mon CC-Internet - caller.com 09/14/15 Mon ,__A ---f\J/\./\-- LEGAL SALES REPRESENTATIVE On this 4.172---day of 3/411ki , 20 I , certify that the attached document is a true and exact copy made by publisher. ----)(1-- Notary Public, of Texas / MICHELLE JOYCE CABRERA MY Commission Expires C �, March 19,2016 CALLER TIMES a Monday,September 14,2015 a 3E Legals NOTICE OF PASSAGE OF ORDINANCE(S) 1.NO. 030597, Ordinance amending the Unified Devel- opment Code("UDC"),upon application by Peterson Properties, Ltd. ("Owner") by changing the UDC Zoning Map in reference to a 2.65 Acre tract being portions of Lot 10,Section 5,Range VIII, of the Gugenheim & Cohn's Farm Lots,and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract,described as Tract II, conveyed in a warranty deed from Patri- cia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Num- ber 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabri- el and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc.recorded in Vol- ume 1310, Page 177, Deed Records of Nueces County, Texas,and all of a 0.446 Acre Tract conveyed in a War- ranty Deed from J.V.Gabriel and wife, Wanda Gabriel to Ray E.Peterson recorded in Volume 903,Page 352,Deed Records of Nueces County, Texas(the"Property")from the "CG-2" General Com- mercial District to the "IL" Light Industrial District;NO. 030598, Ordinance amend- ing the Unified Development Code ("UDC"), upon appli- cation by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner") by changing the UDC Zoning Map in refer- ence to a 10.293-acre tract of land out of Lots 13 and 14, SectiOn 55, Flour Bluff Encinal Farm and -;Garden Tracts from the "RM-1" Multifamily 1 District to the "CG-2" General Commer- cial District; NO. 030599, Ordinance amending the Unified Development Code ("UDC"), upon application by John 'Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), by changing the UDC Zoning Map in refer- ence to 2.257 acres of land being out of Lot 14,Section 55, Flour Bluff Encinal Farm & Garden Tracts, from the "RM-1"Multifamily 1 District to the "CC" Commercial Compatible District;amend- ing the Comprehensive Plan to account for any devia- tions; and providing for a repealer clause and publi- cation. These ordinances were passed and approved on secondreading by the Corpus Christi City Council on September 8,2015. /s/Rebecca Huerta City Secretary 1