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HomeMy WebLinkAbout030598 ORD - 09/08/2015 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 reference a 10.293-acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial 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 John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("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 "CG-2" General Commercial 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 John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of a 10.293- acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road (the "Property"), from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District (Zoning Map No. 035031), 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. 03Ur98 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. 0715-05 Ordinance-John Kendall and The Boston GroupJohn Kendall and The Boston Group Page 2 of 3 The foreg in prdinance w s read for the first time and passed to its second reading on this the � 4-day of 14i- , 20 �, by the following vote: Nelda Martinez al_ Brian Rosas 1 Rudy Garza I f Lucy Rubio � 11. Chad Magill , / Mark Scott if, A / I Colleen McIntyre 1. iCarolyn Vaughn t 4,/ Lillian Riojas A 4 FJ; 0 The forego' g_ordinance w re d for the second timerand passed finally on this the day of \ lot N' , 20 11 by the following vote: Nelda Martinez . .4,, Brian Rosas _4,1 Rudy Garza Lucy Rubio --I(liag Chad Magill ___O- Mark Scott ___al& Colleen McIntyre Carolyn Vaughn Lillian Riojas —al&- PASSED AND APPROVED this the 8day ofar\-exmiao,e, , 20 (6. ATTEST: P--2/1--CA i ' 1% k Rebecca Huerta Nelda Martinez City Secretary Mayor EFFE TIV DATE i ante- o n Kenda I and The Boston GroupJohn Kendall and The Boston Group Page 3 of 3 030 5 98 STATE OF TEXAS COUNTY OF NUECES Field Notes of 10.293 acres of land being out of Lot 13 and 14,Section 55,Flour Bluff Encinal Farm Garden Tract as shown on a map recorded in Volume"A",Pages 41—42,Map Records Nueces County, Texas Said 10.293 acre tract also being out of a 15.90 acre tract deed recorded in Document No 2003039114,Deed Records Nueces County,Texas.Said 10.293 acre tract being more particularly described as follows. BEGINNING at a point in the south right of way of Graham Road,for the northeast corner of Lot 1, Block I,Waldron Road Subdivision,as shown on a map recorded in Volume 67,Page 318,Map Records Nueces County,Texas,and for the northwest corner of this survey. THENCE with the south right of way of Graham Road,South 61'20'34"East,a distance of 657 26 feet to a point for an outside corner of the Flour BlufT Gas Plant Unit 2,as shown on a map recorded in Volume 34,Page 140,Map Records Nueces County,Texas,and for the northeast corner of this survey. THENCE South 2892'20"West,a distance of 327.28 feet to a point for an inside corner of said Flour BIutTGas Plant Unit 2,and for an outside corner of this survey. THENCE North 61°27'08"West,a distance of 300.27 feet to a point for an outside corner of said Flour BlutTGas Plant Unit 2 and for an inside corner of this survey. THENCE South 28°39'26"West,a distance of 631.62 feet to a point for the northeast corner of Lot 6, Block 1,Flour Bluff Garden Unit 2,as shown on a map recorded in Volume 36,Page 172,Map Records Nueces County,Texas,and for the southeast corner of this survey. THENCE with the north line of said Lot 6,North 61'25'42"West,a distance of 319.10 feet to a point for the southeast corner of Lot 5,Block I,Waldron Road Subdivision,as shown on a map recorded in Volume 67,Page 56,Map Records Nueces County,Texas,and for the southwest corner of this survey. THENCE with the east line of said Lot 5,North 28'34'18"East,a distance of 150.00 feet to a point fur the northeast corner of said Lot 5,and for an inside corner of this survey. THENCE North 61°26'02'West,a distance of37.14 feet to a point for an outside corner of this survey. THENCE North 2894'18"East,a distance of 213.76 feet to a point for an inside corner of this survey. THENCE North 6190'34"West,a distance of 262 41 feet to a point in the east right of way of Waldron Road for an outside corner of this survey. THENCE with the east right of way of Waldron Road,North 2894'18"East,a distance of 50.00 feet to a point for an outside corner of this survey. THENCE South 6190'34"East,a distance of 262.41 feet to a point for an inside corner of this survey. THENCE North 28°34'18"East,a distance of 546.25 feet to the POINT of BEGINNING,and containing 10.293 acres of land,more or less. Notes- I.) otes-I.)Bearings are based on Global Positioning System NAG 83(93)4205 Datum. 1,Ronald E.Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald E Brister,RPLS No.5407 Date June 30,2015. OFT . RONM.Dt(tMOO < ss � % , Job No ?5975 Exhibit"A" ext+mrccx. 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MINCT Ma,-•!'v Alt w 141.1MI WV OFIMIMOO•I.OMOMS Moan. , ..nun..wo .ww444444. tVuMo: �jj�I��rl�j,/� ArwwIQirn• 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 LEGA ALES REPRESENTATIVE On this l day of ('Sicerti ', 20 that the attached document is a true and exact copy made by publisher. Notary Public, State of Texas o`P�R�. MICHELLE JOYCE CABRERA I My Commission Expires March 19.2016 ski lE a,E* 6E>>Sunday,Qkugust 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 o th east corner of Old Bros- ville Road and North Padre, Island Drive(SH 358). 2.Case No.0715-05 John Ken- dall and The Boston Group: A change of zoning from,the "`RM-1" Multifamily-1 Dis- trict to the "CG-2" Genera- Commercial-District. 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 LeopardStreet. /s/Rebecca Huerta City Secretary p � t PUBLISHER'S AFFIDAVIT 2815 OCT -8 An 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 LEGAL SALES REPRESENTATIVE On this 12-72-"day of , 20 1 I certify that the attached document is a true and exact copy made by publisher. Notary Public, of Texas ALN''''� MICHELLE JOYCE CA@RERA s.�/ MY Commission Expi March 19,2016res CALLER-TIMES a Monday,September 14,2015 a 3E Legals NOTICE OF PASSAGE OF ORDINANCE(S) .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.,E 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 second reading by the Corpus Christi City Council on September 8,2015. Is/Rebecca Huerta - City Secretary I,