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Home My WebLink About030649 ORD - 10/20/2015 Ordinance amending the Unified Development Code, upon application by The Clower Company on behalf of Cimarron Company, by changing the UDC Zoning Map in reference to a 4.08- acre tract of land out of Lot 1, Section 21, Flour Bluff and Encinal Farm and Garden Tracts from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District, and by changing the UDC Zoning Map in reference to a 4.842-acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts from the "FR" Farm Rural District to the "RM-2" Multifamily 2 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 The Clower Company on behalf of Cimarron Company("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 26, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the "CN-1" Neighborhood Commercial District on approximately four acres at the intersection of Lipes and Cimarron Boulevards and the Planning Commission recommended denial of the "CN-1" Neighborhood Commercial District on the remaining acreage and, in lieu thereof, approval of the "RM-2" Multifamily 2 District, and on Tuesday, October 13, 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 Clower Company on behalf of Cimarron Company("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 4.08-acre tract of land out of Lot 1, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Lipes Boulevard and Cimarron Boulevard (the "CN-1 Tract"), from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses, and by changing the zoning on a 4.842-acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located 573.14 feet east of Cimarron Boulevard on the south side of Lipes Boulevard (the "RM-2 Tract"), from the "FR" Farm Rural District to the "RM-2" Multifamily 2 District, not resulting in a change to the Future Land Use Map (Zoning Map No. 043031), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description of the CN-1 Tract, Exhibit B, which is a metes and bounds description of the RM-2 Tract, and Exhibit C, which is a 030649 INDEXED map to accompany the metes and bounds descriptions, 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. Ordinance_PC Rec_0815-03 The Clower Company Page 2 of 3 The foreggiAurdinanceopmead for the first time and passed to its second reading on this the I day of UIQ .. , 20 / 5jby the following vote: Nelda Martinez al, Brian Rosas I, , I Rudy Garza , / Lucy Rubio IT , abilm,..24... Chad Magill S Mark Scott Colleen McIntyre ,. , ' Carolyn Vaughn Lillian Riojas IPM The foregoing o dinance was rad for the second time and passed finally on this the ay of 1J O ATbt , , 20 ' ?by the following vote: Nelda Martinez (6 ' Brian Rosas _IJL_ Rudy Garza /...I.: Lucy Rubio 1 Chad Magill I. Mark Scott I., Colleen McIntyre , Carolyn Vaughn C. Lillian Riojas I'll / / PASSED AND APPROVED this the 90 day of \j , 20 . ATTEST: TZ._ iialta--4ZN Rebecca Huerta Nelda Martinez City Secretary Mayor EFFECTIVE DATE 2U) I S Ordinance_PC Rec_0815-03 The Clower Company 0 3 0 4 0 Page 3 of 3 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521-- FAX 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-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 August 31,2015 15040 CN-1M&B.doc CN-1 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 4.080 acre tract of land,more or less, a portion of Lot 1, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 —43, Map Records, Nueces County,Texas, and being a portion of a 10.00 acre tract of land described by deed recorded at Volume 1843, Page 231, Deed Records of said county, said 4.080 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the southeast right-of-way line of Cimarron Boulevard and the southwest right-of-way line of Lipes Boulevard for the northernmost corner of the tract herein described,said northernmost corner bears S61°00'00"E 66.50' and S29°00'00"W 20.00' from the common corner of Sections 10, 11,20 and 21,said Flour Bluff and Encinal Farm and Garden Tracts; THENCE S61°00'00"E 573.14' along a line 20.00' southwest of and parallel to the center line of Lipes Boulevard (common line between said Sections 20 and 21) to a point for the easternmost corner of the tract herein described; THENCE S29°00'00"W 310.00' to a point for the southernmost corner of the tract herein described in the southwest boundary line of said 10.00 acre tract of land; THENCE N61°00'00"W 576.59' along said southwest boundary line of 10.00 acre tract of land to a point for the westernmost corner of the tract herein described in a southeast right-of-way line of said Cimarron Boulevard; THENCE N35°33'37"E 30.20' along said southeast right-of-way line of Cimarron Boulevard to a point for westerly corner of the tract herein described and southeasterly right-of-way corner of said Cimarron Boulevard; THENCE N29°00'00"E 280.00' along a line 66.50' southeast of and parallel to said center line of Cimarron Boulevard (the common line between said Sections 10 and 21) to the POINT OF BEGINNING, a sketch showing said 4.080 acre tract of land being attached hereto as Exhibit"C". OF • * • ////t of eziltee � 1x M:w.ELSH Nixon M.Welsh,R.P.L.S. 4 2211 In. . •4 .SURN1 EXHIBIT "A" Page 1 of 1 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521-- FAX 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-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 August 31,2015 15040 RM-2 M&B.doc RM-2 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 4.842 acre tract of land, more or less, a portion of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 —43, Map Records, Nueces County, Texas, and being a portion of a 10.00 acre tract of land described by deed recorded at Volume 1843,Page 231, Deed Records of said county,said 4.842 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the southwest right-of-way line of Lipes Boulevard and the common southeast boundary line of said 10.00 acre tract and of said Lot 2 for the easternmost corner of the tract herein described; THENCE along the southeast boundary line of said Lot 2, being along the southeast boundary line of said 10.00 acre tract,S29°00'00"W 310.00'to a point for the southernmost corner of the tract herein described and southernmost corner of said 10.00 acre tract of land; THENCE N61°00'00"W 680.36' along the southwest boundary line of said 10.00 acre tract of land to a point for the westernmost corner of the tract herein described; THENCE N29°00'00"E 310.00' to a point in said southwest right-of-line of Lipes Boulevard for the northernmost corner of the tract herein described; THENCE S61°00'00"E 680.36' along a line 20.00' southwest of and parallel to the center line of Lipes Boulevard(common line between said Sections 20 and 21)to the POINT OF BEGINNING, a sketch showing said 4.842 acre tract of land being attached hereto as Exhibit"C". Qö. w : Nixon M.Welsh,R.P.L.S. r ..•• .! . • k .NIXOM M.*WELSH • 4. 221L • r.: • C °Pisa+O'4O 0'suRNI EXHIBIT "B" Page 1 of 1 `- CL CIMARRON BLVD. 11 w 712 0 - F F r CL LIPES BLVD. S61'00'00"E 0 o N N _ Nl 1253.50'-\ ��•,,, 00 - - - - •N N N 573.14' I PORTION 10.0 AC. TRACT, V. 680.36' Z w11L(73 1843, P.L231, D.R. p O N N29'00'00"E 310.00' i'—"RM-2 ZONING O o N TRACT, 4.842 AC p CN-1 ZONING • O o k 66.50' TRACT, 4.080 AC�_ I g� G ' �<v E R• W 576.59' c ' - q3, 4 680.36' N N o I o SEo1�oP `P. A1 N61'00'00"W o 0 n o v• I 1256.95' JD "' � r) z 0 150' 300' 600' ■ ■ ■ iiiiii SCALE: 1"= 300' EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1- = 300' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 15040, SCALE: 1" = 300' PLOT SCALE: SAME, PLOT DATE: 8/31/15, SHEET 1 OF 1 4 , • uRCi _ J � PUBLISHER'S AFFIDAVIT Staas8 A� 9� 44. } CITY OF CORPUS CHRISTI County of Nueces } Ad# 708530 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 09/27/15 Sun CC-Internet - caller.com 09/27/15 Sun LEGAL SALES REPRESENTATIVE On this day of 0-0-51a63/4--- , 20 t CI certify that the attached document is a true and exact copy made by publisher. Not Public, Sta of Texas 'E-6 ' '1; MICHELLE JOYCE CABRERA '' My Commission Expires March 19,2016 S1Iof , 10E»Sundays September 27,2015»CALLER-TIMES Legafs NOTICE OF PUBLIC HEARING TO CONSIDER RE-ZONING APPLICATION(S)IN THE CITY OF CORPUS CHRISTI Notice ishereby given that the Corpus Christi City Council will conduct a public hearing on October 13,2015 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. 0815-02 CAH- DHL Properties, LLC: From the "FR" Farm Rural Dis- trict to the "CG-2" General Commercial District. The property to be rezoned is described as being a 15.23 acre tract'of land, situat- ed in the Gregorio Farias Grant, Abstract 592, out of the remainder.,of a 160.62 acre tract as described in a Deed and recorded in Docu- ment Number 2002040593,of the Official Public Records of Nueces County, Texas, located along the east side of Interstate Highway 69 about 2,000 feet north of County Road 48. * 2.Case No.0815-03 The Clow- er Company:. From the"FR" Farm Rural District to the "CN-1" Neighborhood Com- mercial District.The proper- ty to be rezoned is described as being an 8.922-acre tract of land out.of Lots 1 and 2, Section 21, Flour Bluff and Efl'cinal Farm and Gar- den Tracts, located on the southeast'corner of Lipes Boulevard and Cimarron Boulevard. 3. Case:No.'0815-05 Vincent Gerard and.'Associates:>A change of zoning from the "IL" Light Industrial District to the "IL/SP":Light Indus- trial District with a Special Permit for a cell tower of 125 feet in height.Theroperty to be rezoned is described as being Lot 1, Block 3B, Kaler Addition, located along the south side of Up River Road between Savage Lane and North Navigation Boulevard 4.'Case,N . 0915-04 Padre Coastal:'Homes,:ILC: From the "RS-6/lO",Single Fami- ly 6 District with an Island Overlayto the"RS-TH/PUD/ 10"Townhouse District with a Planned Unit'Development Overlay and Island Overlay. The property to be rezoned is described as Lots and 7, Block 3,Padre Island-Corpus Christi Section E,located on the south side of Running Light Drive. 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 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 758046 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 10/26/15 Mon CC-Internet - caller.com 10/2;15 Mon LEGAL SALES REPRESENTATIVE On this A/ day of OCialgA..) , 20 15 I certify that the attached document is a true and exact copy made by publisher. A""""ry SYLVIA P.PEREZ Not Public, State of Texas '� '= MY COMMISSION EXPIRES a; February 27,2017 :b WV Z I MIK 131 ` '+ fld ' 4E» Mor}day,October 26,2015»CALLER-TIMES Legals NOTICE OF PASSAGE OF ORDINANCE(S) fc NO. 030649, Ordinance amending the Unified Devel- opment Code, upon appli- cation by The Clower Com- pany on behalf of Cimarron Company, by changing the UDC Zoning Map in refer- ence to a 4.08-acre tract of land out of Lot 1,Section 21, Flour Bluff and Encinal Farm and Garden Tracts from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District,and by changing the UDC Zoning Map in reference to a 4.842- acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts from the"FR" Farm Rural District to the "RM-2" Multifamily 2 Dis- trict;NO.030650,Ordinance amending the Unified Devel- opment Code,upon applica- tion by CAH-DHL Properties, LLC, by changing the UDC Zoning Map in reference to a 15/3 acre tract of land,sit- uated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 acre tract as described in a Deed and recorded in Docu- ment Number 2002040593,of the Official Public Records of Nueces County, Texas, from the "FR" Farm Rural District to the"CG-2"Gener- al Commercial District; NO. 030651, Ordinance amend- ing the Unified Development Code ("UDC"), upon appli- cation by Vincent Gerard and Associates on behalf of Darlene Lee ("Owner") by .changing the UDC Zon- ing Map in reference Lot 1, Block 3B, Kaler Addition from the"IL"Light Industrial District to the IL/SP"Light Industrial District with a Special Permit; NO.030652, Ordinance amending the Unified Development Code ("UDC"), upon application by Padre Coastal Homes, LLC ("Owner"), by chang- ing the UDC Zoning Map in reference to Lots 6 and 7, Block 3, Padre Island-Cor- pus Christi Section E, from the "RS-6/I0" Single-Fami- ly S District with an Island Overlay to the'RS TH/PUD/ 10"Townhouse District with a Planned Unit Development Overlay and Island Overlay; amending the Comprehen- sive Plan to account for any deviations;and providing for a repealer clause and pub- lication. These ordinances were passed and approved on second reading by the Corpus Christi City Council on October 20,2015. /s/Rebecca Huerta City Secretary