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HomeMy WebLinkAbout030663 ORD - 10/27/2015 Ordinance amending the Unified Development Code ("UDC"), upon application by Cheryl McLaughlin & Hatch, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, from the "RMH" Manufactured Home District and "RS-6" Single-Family 6 District to the "RV" Recreational Vehicle Park 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 Cheryl McLaughlin & Hatch, 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, September 9, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RV" Recreational Vehicle Park District, and on Tuesday, October 20, 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 Cheryl McLaughlin & Hatch, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, located at 3101 Up River Road between Westgate Drive and Palm Drive (the "Property"), from the "RMH" Manufactured Home District and "RS-6" Single-Family 6 District to the "RV" Recreational Vehicle Park District(Zoning Map No. 047044), as shown in Exhibits "A" 0300 63 INDEXED 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. This ordinance changes the Future Land Use Map from low density residential and mobile home uses to commercial uses. 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. 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_0815-04 Texas Geo Tech Engineering Page 2 of 3 The foregonin .�(ddiinance as re d for the first time and passed to its second reading on this the Oe ' 0-ay of QOAM')-(A2_, , 20 1 F by the following vote: Nelda Martinez Brian Rosas _a_i_y_ Rudy Garza ��, Lucy Rubio k Chad Magill 1 Mark Scott fit.(, Colleen McIntyre at/ 0 Carolyn Vaughn Lillian Riojas l ` I The foregoing ordinance as rea for the second time d passed finally on this the 4 n '"day of U O , 20 !by the following vote: Nelda Martinez4_, Brian Rosas IA Rudy Garza it, i` Lucy Rubio IA 1Chad Magill ; Mark ScottL'--j. 4 Colleen McIntyre ,.,./I Carolyn Vaughn 0,...1 y — Lillian Riojas LW. 1 . PASSED AND APPROVED this the 1 day of D a V ✓ , 20 LS. ATTEST: NQLS/, 4., iNdtAa.ni . C(\,,,A46%,CNT•t \--x Rebecca Huerta Nelda Martinez City Secretary Mayor EFFECTIVE DATE .2— . . . u-_s: -,, -xa eo ech Engineering Page 3 of 3 030663 Texas GeoTech LAND SURVEYING, INC. EXIHIBIT A CURRENT ZONING AND USE-RMH AND RS-6 PROPOSED ZONING AND USE-RV Being a 9.16 acre tract (398821.40 Sq. Ft.)of land lying within the Corporate City Limits of Corpus Christi,Nueces County Texas,out of the E Villareal Survey being a portion of Lot 1,Block 2,Hatch Tract as shown on the map or plat thereof recorded in Volume 47,Page 98,Map Records Nueces County Texas an being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No.2014000941 Official Public Records,Nueces County,Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records,Nueces County,Texas and being a portion of a called 1.13 acre tract conveyed to John A.McLaughlin as recorded in Volume 1828,Page 244,Deed Records,Nueces County, Texas and being more fully described by metes and bounds as follows: BEGINNING at a Found 1 inch steel pipe at the southeast corner of said Lot 1,Block 2,Hatch Tract and the southeast corner of this herein described tract from whence a Found 1 inch steel pipe in the south right- of-way line of Up River Road,at the northeast corner of said Lot 1 bears N 01°39'28"W a distance of 1162.80 feet; THENCE:S 88°20'14"W with the south line of said Lot 1 and the south line of this herein described tract, a distance of 544.17 feet to a Found 5/8 inch steel rebar for the southwest corner of said Lot 1 and the southwest corner of this herein described tract; THENCE: N 02°05'21"W with the common west line of said Lot 1 and this herein described tract,a distance 236.88 feet to a Found 1 inch steel pipe in the at the southwest corner of said 2.00 acre tract for an angle point in the west line of this herein described tract; THENCE:N 01°35'52"W with the common west line of said 2.00 acre tract and this herein described tract,a distance of 621.17 feet to a Found 1 inch steel pipe for the northwest corner of said 2.00 acre tract and this herein described tract; THENCE:N 88°24'57"E with the north line of said 2.00 acre tract and this herein described tract passing Found 5/8 inch steel rebar at the northeast corner of said 2.00 acre tract at a distance of 134.49 feet and continuing across and into the said 1.681 acre tract for a total distance of 267.29 feet to a point in the common line of the said 1.681 acre tract and the said 1.13 acre for an interior ell corner in the north line of this herein described tract; THENCE:N 01°42'35"W with the common line of the same a distance of 68.49 feet to a point; THENCE:N 88°11'46"E across said 1.31 acre tract a distance of 94.51 feet to a point in the upper west line of said Lot 1 for the most northeast corner of this herein described tract; THENCE:S 02°00'18"E with the common line of said Lot 1,said 1.31 acre tract and this herein described tract a distance of 224.91 feet to a point; THENCE:across and in said Lot 1 the following courses and distances: 1) N 86°32'32"E a distance of 78.18 feet to a point for a corner; 2) S 03°33'01"E a distance of 257.34 feet to a point for a corner; 3) S 12°35'54"W a distance of 262.13 feet to a point for a corner; 4) S 88°56'21"E a distance of 115.99 feet to a point for a corner; 5) N 02°14'19"W a distance of 245.72 feet to a point for a corner; 6) N 80°17'20"E a distance of 47.21 feet to a point for a corner in the east line of said Lot 1; THENCE:S 01°39'28"E with east line of said lot 1 and this herein described tract a distance of 439.49 feet to the POINT OF BEGINNING and containing 9.16 acres(398821.40 Sq.Ft.)of land more or less. BEARINGS AND DISTANCES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEMNAD83 TEXAS SOUTH ZONE THIS SURVEY WAS PERFORMED UNDER MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. �'PtE'PP. sols�rF T� .: ,* a `',RT•, Joe B.Crosby June 25,2015 ;JOSEPy@YR Registered Professional Land Surveyor 150518FN-.doc •p's$Ss CRosf Number 5566 .oF�Ss10Np'C� S(%RVE�{DfiI - .1525 S.STAPLES ST.SUITE B2-CORPUS CHRISTI.TEXAS 78411-PHONE 361-993-2955-FAX 361-993-2955 Exhibit'A' EXHIBIT "B" 6ain z cl i5. ' o RO w cL; ppOV .;1Z 0=. t; =bN� x_p t4 I i3r 1 \ , o �, . .9' 5 ec112 Qo 5,18 v F`o`N88'24'57"E N 'r°1 t2' i° ' 267.29' + IJ- O CEMENTERY HOLY 'ho; \0`� a tO -I CROSS o _ v = dao h e6÷ �� a+� Q N Z CURRENT ZONING AND W * (3' USE—RS-5 PROPOSED t,! W ZONING AND USE—RV G to — a N PT co I NI LOT 1, BLOCK 2IA HATCH TRACT rl N VOLUAE 47. PAGE 98 tA M.R.N.C.T. ,• aa Q ,te . , :7.. ¢ 9.160TAL Acres. Qaa o`�~ N N CARRIAGE CEMENTERY SERV. ROSE HILL PARK CEMENTERY 398821.40 Sq.ft. Q �; CO DOc.11999D13Q-48 tp O.P.R.N C T. NI '•• r N i'. \Q' p co. o• t.; L1 N1'42'35"W 68.49' /1,,N �o h L2 N8811'46"E 94.51' i. f `` Ls L3 N86'32'32"E 78.18' A= 50 c Qo`'� eaa� W L4 S12'35'54"W 262.13' U! L5 888'56'21"E 115.99' N • j `4. CURRENT ZONING AND USE—RMH 50 Q� L6 N2'14'19"W 245.72' 1 �+ �' PROPOSED ZONING AND USE—RV e` L7 N8017'20"E 47.21' II m h db tiS68'20'14"W 544.17' � HIRSCH GOLDSTEIN TRACT / HOUSTON COPART SALVAGE CALLED 4.539AC. " AUTO AUCTIONS LMTD VOLUME 1494. PAGE PARTNERSHIP 351-353 CALLED 5.37AC. D.R.N.C.T. " DOC/20020292-62 O.P.R.N.C.T 9.16 ACRE TRACT SCALE:1"=200' \ Being a 9.16 acre tract(398821.40 Sq.Ft.)of land lying within the Corporate City Limits of Corpus Christi,Nueces County Texas,out of the E I, JOSEPH B. CROSBY, A REGISTERED PROFESSIONAL LAND SURVEYOR, THAT Villareal Survey being a portion of Lot I,Block 2,Hatch Tract as shown on THIS SURVEY REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER the map or plat thereof recorded in Volume 47,Page 98,Map Records MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS Nueces County Texas an being all of a called 2.00 acre tract conveyed to FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF Cheryl McLaughlin and Hatch LLC as recorded under Document No. PROFESSIONAL LAND SURVEYORS, THIS THE 14th DAY OF JUNE 25, 2015. 2014000941 Official Public Records,Nueces County,Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No.201401834 Official Public Records,Nueces County,Texas and being a portion of a called 1.13 acre tract conveyed to John A.McLaughlin as recorded in Volume 1828,Page 244,Deed Records,Nueces County,Texas. A'-.‘'(E OFkl A C,sGIS7-••.4-y', TEXAS GEO TECH Ai•'t'• P�C''9 + ENGINEERING Sr LAND SURVEYING,INC -,JOSfi?,• o.N t // 1•••.....1.1}Ab y e ....:'-.c, 6625 S. STAPLES ST. 5764 B2 lZo' Corpus Christi. TX 78411 /3 eceLd.li-i �oSSs., QSe �' (361) 993-0808 Fax (981) 993-2965 ./. JOSEPH B. CROSBY 9�y�.cFSS1oNP� DATE: JUNE 25, 2015 DRAWN: RC REGISTERED PROFESSIONAL LAND SURVEYOR --,.Sd12V1r4(.1.. LICENSE No. 5566 : -';'—'' SCALE: 1" = 200' JOB NUMBER: 150518—Z APPROVED: JBC SURVEY: RC do BP Exhibit"B" • St PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 721992 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 10/04/15 Sun CC-Internet - caller.com 10/04/15 Sun LEGAL SALES REPRESENTATIVE � N On this '5-- day of t-'�` , 20 1 I certify that the attached document is a true and exact copy made by publisher. i „ , Notary Public, State t f Texas MICHELLE JOYCE CABRERA 41T r if* CALLER-TIMES a Sunday'October 4,2015 a:7E Legals; I 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 October 20,2015 during a regular Council 3.Case No.0915-02 D.L.John- meeting which commences son: From the "IL" Light at 11:30 a.m. in the Council Industrial District to the Chambers, City Hall 1201 "IL/SP" Light Industrial Dis- Leopard,to consider the fol- trict with a Special Permit lowing zoning application(s) for a Heavy Industrial use which are on file in Depart- (concrete batch plant).The Ment of Development Ser- property to be rezoned-`1 . vices. At said time & place described as Lots 5,6,7 and of hearing, persons & par- 8, Block 1, Rhew Industri- ties interested may appear al Tracts Unit 1, located on before the City Council: the east side of Rhew Road 1. Case No. 0815-04 Cheryl approximately 1,000 feet McLaughlin and.Hatch,LLC: From the "RMH" Manufac- south of Leopard Street. Part- tured Home District and 4.Case No.LLC: From 0915-03 tThe"RS-6" Single-Family:6 Dis- ners, 1 D strict"RM- "RS-6" to the"RV"Recreation- the"ON"Office District.The al Vehicle Park District.The property to be rezoned is property to be rezoned is described as Lot 11-D,Block described as being,a 9.16 4, Parkdale Village, located acre tract of land out of the on the southwest corner E Villarreal Survey being a of Mildred Drive and Wha- portion of Lot 1, Block 2- taburger Way. Hatch Tract and being all of 5.Case No. 0915-05 Patricia a called 2.00 acre tract con! ; H.Wallace,Trustee#2:From veyed to Cheryl McLaughlin the "RS-6" Single-Family 6 and Hatch LLC as recorded District and"FR"Farm Rural in Document No.2014000941 District to the"RS-4.5" Sin- Official Public Records, gle-Family 4.5 District. The Nueces County, Texas anproperty to be rezoned is being a portion of a called described as being a 115.72- 1.681 acre tract conveyed .._acre-tract-,of--land-:of-tots to Cheryl McLaughlin 22 through 27, Section 25, and Hatch LLC as record- Flour Bluff and Encinal Farm ed under Document No. and Garden Tracts, located 201401834 Official Public along the south side of York- Records, Nueces County, town Boulevard between Texas and being a portion of Fred's Folly Drive and Starry a called 1.13 acre tract con- Road. veyed to John A.McLaughlin 6. Case No. 0915-06 Point as recorded in Volume 1828, Development,LLC:From the Page 244, Deed Records, "FR" Farm Rural District to Nueces County,Texas,locat- the "CG-2" General Corn- ed at 3101 Up River Road. mercial District.The proper- 2.Case No.0915-01 Al Devel- ty to be rezoned is described opined Inc.:From the"RS- as being'a 10-acre tract of 6" Single-Family_6 District land out of the east half of to the "RM-1" Multifamily Lot 8,Section 21,Flour Bluff 1 District.;The property to and Encinal Farm and Gar- be rezoned is described as den Tracts, located on the being a 14.25 acre tract of southwest corner of Airline land out of a 91.594 acre Road and Rodd Field Road. tract of land as record- Information may be obtained ed in Document Number by calling or visiting the 2012050691, Deed Records Department of Development of Nueces County, Texas, Services at (361) 826-3240, located approximately 260 2406 Leopard Street. feet south of Northwest /s/Rebecca Huerta Boulevard(FM 624)between City Secretary CR 73 and FM 1889. 4 A PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 771586 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 11/02/15 Mon CC-Internet - caller.com 11/0 15 Mon LEGAL SALES REPRESENTATIVE On this day of P b UJmbti/, 201 ri certify that the attached document is a true and exact copy made by publisher. ,pA Notary Public, State of Te Is Ar MIMCHELLEyComm JOYCE itssion CABRERAExpires !I March 19,2016 1of F. SW d CALLER-TIMES << Monday, November 2,2 15 .,5 31,E Legals NOTICE OF PASSAGE OF ` ORDINANCE(S) �` NO. 030663, Ordinance amending the Unified Devel- opment Code ("UDC"), upon application by Cher- yl McLaughlin & Hatch, LLC ("Owner"), by changing the - Permit; NO. 030666, Ordi- UDC Zoning Map in refer- nance amending the Unified ence to a 9.16 acre tract of Development Code ("UDC"), land out of the E Villareal upon application by TWF Survey being a portion of Partners, LLC("Owner"),by Lot 1, Block 2, Hatch Tract , changing the UDC Zoning and being all of a called 2.00 Map in reference to Lot 11-D, acre tract conveyed to Cher- Block 4, Parkdale Village, yl McLaughlin and Hatch LLC from the"RM-1"Multifamily as recorded in Document 1 District to the"ON"Office No.2014000941 Official Pub- District; NO. 030667, Ordi- lic Records, Nueces County, nance amending the Unified Texas and being a portion of Development Code("UDC"), a called 1.681 acre tract con- upon application by Patri- veyed to Cheryl McLaughlin cia H. Wallace, Trustee #2 and Hatch LLC as record- ("Owner"), by changing the ed under Document No. UDC Zoning Map in refer- 201401834 Official Public ence to a 115.72-acre tract of Records, Nueces County, land out of Lots 22 through Texas and being a portion of 27, Section 25, Flour Bluff a called 1.13 acre tract con- and Encinal Farm and Gar- veyed to John A.McLaughlin den Tracts,from the"RS-6" as recorded in Volume 1828, Single-Family 6 District and Page 244, Deed Records, "FR" Farm Rural District to Nueces County, from the the "RS-4.5" Single-Fami- RMH" Manufactured Home ly 4.5 District; NO. 030668, District and "RS-6" Sin- Ordinance amending the gle-Family 6 District to the Unified Development Code "RV" Recreational Vehicle ("UDC"), upon application Park District; NO. 030664, by Point Development, LLC Ordinance amending the ("Owner"), by changing the Unified Development Code UDC Zoning Map in refer- ("UDC"), upon application ence to a 10-acre tract of by Al Development, Inc. land out of the east half of ("Owner") by changing the Lot 8,Section 21,Flour Bluff UDC Zoning Map in refer- and Encinal Farm and Gar- ence to a 14.25 acre tract _ .den--Tracts,•4rorn-;the--.VR" • of land out of a 91.594 acre Farm Rural District to the tract of land as record- "CG-2"General Commercial ed, in Document Number District;amending the Corn- 2012050691,Deed Records of prehensive Plan to account Nueces County,Texas,from for any deviations;and pro the "RS-6" Single Family 6 viding for a repealer clause District to the"RM-1"Multi- and publication.These ordi- family 1 District;NO.030665, nances were passed and Ordinance amending the approved on second reading Unified Development Code by the Corpus Christi`City ("UDC"), upon application Council on October 27,2015. by D.L. Johnson ("Owner"), /s/Rebecca Huerta by changing the UDC Zoning City Secretary Map in reference to Lots 5,6, 7 and 8,Block 1,Rhew Indus- trial Tracts Unit 1,from the "IL" Light Industrial District to the "IL/SP" Light Indus- trial District with a Special