HomeMy WebLinkAbout030607 ORD - 09/15/2015 Ordinance amending the Unified Development Code ("UDC"), upon
application by Balusek-Frankson on behalf of Fox Tree and Landscape
Nursery, Inc. ("Owner"), by changing the UDC Zoning Map in reference to
2.968 acres out of Lot 1, Encino Park, from the "FR" Farm Rural 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 Balusek-Frankson on behalf of
Fox Tree and Landscape Nursery ("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, August 12, 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, September 8, 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 Balusek-Frankson on behalf of Fox Tree and
Landscape Nursery ("Owner"), the Unified Development Code ("UDC") of the City of
Corpus Christi, Texas ("City"), is amended by changing the zoning on 2.968 acres out of
Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill
Drive and County Road 69, from the "FR" Farm Rural District to the "CG-2" General
Commercial District(Zoning Map No. 068050), 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 Zoning Map 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. The Future Land Use Map is
hereby amended from a designation of medium density residential uses to commercial
uses.
03060 ,'
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 foregqip9Zocdinance as r ad for the first time and passed to its second reading on
this the day of , 20 ( by the following vote:
Nelda Martinez ___ KBrian Rosas , . ,
Rudy Garza t_,.. A 0 Lucy Rubio
Chad Magill4 Mark Scott /i..`� '
Colleen McIntyreSAA$!A Carolyn Vaughn
Lillian Riojas ___ILIV
The foregoin rdinance as rad fort a second time and passed finally on
this the I?Tay of ,V' , 20 by the following vote:
Nelda Martinez (.+ Brian Rosas ___CL.
Rudy Garza I.1 ,! Lucy Rubio
Chad Magill ' / Mark Scott
Colleen McIntyre 11,t. Carolyn Vaughn
Lillian Riojas ___0.1 .
-)
PASSED AND APPROVED this the 1Gday of , 20 .
ATTEST:
172A--LQ/C- ----• 14-"--(1----1-A
Rebecca Huerta Nelda Martinez
Mayor
EFFECTIVE DATE
10 rdina e_0815-01 Balu -k-Frankson Page 2 of 2
I 0 3 0 6 n 7
FIELDNOTE DESCRIPTION
FOR
2.968 ACRES OF LAND
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEING 2.968 acres of land situated in Lot 1 of Encino Park as recorded in Volume 59,
Page 116 of the Map Records of Nueces County,Texas.
BEGINNING at a point in the western line of said Lot 1 of Encino Park, said point bears S.
10° 00' 00" W., a distance of 600.00 feet from an existing 5/8 inch iron rod in the south
right-of-way line of Northwest Boulevard marking the northwest corner of Encino Park,
said point being the northwest corner of the herein described tract of land;
THENCE, S. 84° 09' 00"E.,a distance of 140.86 feet to a point in the common line of said
Lot 1 of Encino Park and Lot 2A, Martin Plaza as recorded in Volume 58, Page 75 of the
Map Records of Nueces County, Texas, said point marking the northeast corner of the
herein described tract of land;
THENCE, S. 10° 00' 00" W., (base bearing) a distance of 920.30 feet along said common
line of Lot 1, Encino Park and Lot 2A, Martin Plaza to a point at the southeast corner of
Encino Park and the herein described tract of land;
THENCE, N. 84° 09' 00" W., a distance of 140.86 feet along the south line of said Encino
Park to the southwest corner of Encino Park and the herein described tract of land;
THENCE, N. 10° 00' 00" E., a distance of 25.50 feet to an existing 5/8 inch reference iron
rod and CONTINUEING 894.80 feet for a TOTAL DISTANCE OF 920.30 feet along the
west line of Encino Park to the PLACE OF BEGINNING, containing within these metes
and bounds 2.968 acres of land.
I hereby certify that the above fieldnote description is based on the recorded plat of Encino
Park and is true and correct to the best of my knowledge and belief.
A. C. FRANKSON
Registered Professional Land Surveyor AAV..QotsE�4-
Texas Registration No. 2239 y,: Fo'�?p
7-10 —11T- A. C. FRANKSON
Dated
i.90 2239 elistisvettr, ,
Z Elan 22012t_-0O8 CaLdlett Minntoearc Fiel4note Pacnpton I '_Q154 kr. dor
Exhibit"A"
Z'.....'--
ie
C?
z
0
30
ZONED "FR" ZONING LINE ITYP. 1
F. A
z _ IRF N 10°00'00" E 920.30' �, IRF s
v.
era..ra.n.w .amu.
tri p = a S 10°00'00" W 600.00 o
c CO 2.968 ACRES 103 ZONED "CG-2" <
°'ac) 0 m o i. 30
b7 - .w.f._._O. - • fl
S 10°00'00" W 920.30' `" ZONED "CG-2" IRF
-.,
LOT 2A, BLOCK 1
MARTIN PLAZA ZONED "CG-2" LOT 1. BLOCK 1 F
VOL. 58. PG. 75 MARTIN PLAZA
MAP RECORDS. VOL. 58. PG. 75
NUECES COUNTY, TEXAS MAP RECORDS.
�'"c aQE• .To NUECES COUNTY. TEXAS
r ''e"
A. . FRANKSON
•
t.:,•4 2239
`�
iti9�FESS10NQ'
d dOVIC ZONING PLA T
7/0/15' 2. 968 ACRES S I TUA TED IN
SCALE: " = 200' LOT 1 . ENCINO PARK
VOLUME 59. PAGE 116
MAP RECORDS. NUECES COUNTY. TEXAS
CORPUS CHRISTI. TEXAS
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad#655120
PO#
Before me,the undersigned,a Notary Public,this day personally came fit'`)S cAn ,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 Patrick),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 08/23/15 Sun
CC-Internet-caller.com 08/23/15 Sun
r
-04111
LEGAL SALES REPRESENTATIVE
On this 11 day of ! ) 4.a ,20 /V.I certify that theLi,....._ attached document is a true
and exact copy made by publish
c j2„,
Notary Public, State of Texas
•
: ;*�" '''', MICHELLE JOYCE CABRERA
i." ct My Notary ID#124864183
1 '-°`* ;AF' Expires March 19,2020
- CORPUS CHRISTI
( attettmt I callercom
Sales Rep:Georgia Lawson(C9190) Phone:(361)886-4307 Email:georgia.lawson@callercom
Date:05/09/16 This is a proof of your ad scheduled to run on the dates indicated below.
Account Number:172983(CC18438) Please confirm placement prior to deadline by contacting your account
Company Name:CITY OF CORPUS CHRISTI rep at(361)886-4307.
•
Ad Id:655120 P.O.Number: Total Cost:$181.35
Contact Name:
Email:lawsong@cailer.com Tag Line:NOTICE OP PUBLIC HEARING TO CONSIDER
Address:PO BOX 9277,CORPUS CHRISTI,TX,78469-9277 Start Date:08/23/15 Stop Date:08/23/15
Phone:(361)826-3636 Fax:(000)000-0000 Number of Times:1 Class: 16130-Legals
Publications:CC-Corpus Christi Caller-Times,CC-Internet-callercom
I agree this ad is accurate and as ordered. •
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 September 8,2015 during
a regular Council meeting
which commences at 11:30
a.m. in the Council Cham-
bers,City Hail,1201 Leopard,
to consider the following
zoning application(s) which
are on file in Department
of Development Services.At
said time&place of hearing
persons&parties interested
may appear before the City
Council:
1. Case No. 0815-01
Balasek-Frankson: From the
"FR" Farm Rural District to
the "CG-2" General Com-
mercial District.The proper-
ty to be rezoned 1s described
as being 2.968 acres out of
Lot 1, Encino Park, located
south of Northwest Boule-
vard(FM 624)between River
Hill Drive and County Road
69.
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
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A►
P Uh ;l i A 5 f G PUBLISHER'S AFFIDAVIT
Thi5 ACT `8 AM 9: 44
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 697711
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 09/21/15 Mon
CC-Internet - caller.com 09/21/15 ' on
`LEGAL S ES REPRESENTATIVE
On this 2,Z.—day of et.reptrjerl,atk, 20 1 - I certify that the attached document is a true
and exact copy made by publisher.
ti....,(______ cs_____
Notary Public, State of Texas
1
4 �% '\, �; 1111116ffp415
�� '
CALLER-TIMES a Monday,September 21,2015 a 3E
Legals.
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO.030607,Ordinance amend-
ing the Unified Development
Code ("UDC"), upon appli-
cation by Balusek-Frankson
on behalf of Fox Tree and
Landscape Nursery, Inc.
("Owner"), by changing the
UDC Zoning Map in refer-
ence to 2.968 acres out of
Lot 1,Encino Park,from the
"FR" Farm Rural District to
the "CG-2" General Com-
mercial District; 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 Corpus Christi City
Council on September 15,
2015.
/s/Rebecca Huerta
City Secretary