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Home My WebLink About030971 ORD - 09/27/2016 I I Ordinance amending the Unified Development Code ("UDC"), upon application by Maria G. Lopez ("Owner"), by changing the UDC Zoning Map in reference to a 0.037 acre tract of land, described as being the remainder Lot 2, Block 6 of the San Diego Addition Unit 1, from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood 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 Maria G. Lopez("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 24, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, and on Tuesday, September 20, 2016, 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 Maria G. Lopez("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.037 acre tract of land, described as being the remainder Lot 2, Block 6 of the San Diego Addition Unit 1, located on the east side of Niagara Street between Guadalupe Street and Nogales Street(the "Property"), from the "RS-6" Single- Family 6 District to the "CN-1" Neighborhood Commercial District(Zoning Map No. 047041), 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. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land uses. !► 309'7A. INDEXED I 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 foregonin�, rdinance w s read for the firs time arid passed to its second reading on this the 'l CJ day of , 20 I by the following vote: Nelda Martinez 01Brian Rosas Rudy GarzaAt_ Lucy Rubio Michael Hunter T_0 Mark Scott la, Chad Magill _14-__ Carolyn Vaughn I Colleen McIntyre (4I The foregog ordinance wa read for th second time and passed finally on this the `�' I day of 20 (', by the following vote: Nelda Martinez i ,,' Brian Rosas l� Rudy GarzaJ' ! Lucy Rubio /. !/. Michael Hunter I I Mark Scott 1121 ,1 I Chad Magill ice.A! Carolyn Vaughn n Colleen McIntyre . PASSED AND APPROVED this the 07 I day of 4'---C1(1k-ki-e-W—; ATTEST: 1 e_t12-e4M4-11 (f).-r-t -4, Rebecca Huerta Nelda artinez City Secretary Mayor EF FECIlVE DATE ordinac 81 - 1 Maria G. Lopez Page 2 of 2 030971 STATE OF TEXAS COUNTY OF NUECES A 0.037 ACRES TRACT OF LAND, BEING THE REMAINDER OF LOT 2, BLOCK 6, OF THE SAN DIEGO ADDITION UNIT 1 Field notes of a 0.037 acres tract of land, being all of Lot 2, Block 6 of the San Diego Addition Unit 1, recorded in Volume 9,Page 21 of the Map Records of Nueces County, Texas; save and except a 0.110 acres tract of land out of said Lot 2,conveyed to the State of Texas by Deed recorded in Volume 1110,Page 383 of the Deed Records of Nueces County, Texas; Said 0.037 acres tract is comprised of a portion of the Enriquez Villareal Survey,Abstract 1, is located within the City of Corpus Christi, in Nueces County,Texas, and is described by metes and bounds as follows: BEGINNING at a 4 inch concrete monument with brass cap stamped"TEXAS HIGHWAY DEPARTMENT" found in the east line of Niagara Street,the east line of said Lot 2,and the west line of Lot 1, Block 6 of said addition,at an exterior east corner of said 0.110 acres tract, for the north corner of this tract; Thence S 01°23'05"E along the west line of said Lot 1,the east line of said Lot 2, and the east line of this tract, a distance of 75.57 feet(called S00°56'10"E)to a point at the common corner of Lots 1, 2, 28 and 29, Block 6 of said addition, for the southeast corner of this tract; Thence S 88°36'56" W along the north line of said Lot 28,the south line of said Lot 2,and the south line of this tract, a distance of 42.23 feet (called S89°03'50"W,42.36')to a 5/8 inch iron rod found in the east line of said Niagara Street,at the southeast corner of said 0.110 acres tract,for the southwest corner of this tract; Thence N 27°48'31"E along the east line of said Niagara Street,the southerly east line of said 0.110 acres tract and the west line of this tract,a distance of 86.57 feet(called N28°20'00"E, 86.64')to the POINT OF BEGINNING,containing 0.037 acres of land,more or less, subject to any and all easements and agreements of record. Distances are at surface and Bearings in this description are based on a GPS survey conducted in the Texas Coordinate System, South Zone,NAD1983, in US Feet, with a Combined Scale Factor of 0.99998578. I, Michael J. MacInnis,Registered Professional Land Surveyor of Texas, do hereby state that this description represents an actual survey made on the ground,under my direction,to the best of my knowledge and ability,this the l lth day of April, 2016. A signed and sealed Survey Plat accompanies this description. f�r,‘ O�RF+Y • MICHAEL J.Mac1NN13 r //fAy'•":"7 fsy5874 v.•'� °Pesste?yc� v1 Registered Professional Land Surveyor 160305-r1.doc Texas Registration No. 5874 1 Exhibit A 1 / NUECES CO(A1NTY 1 14-1 CITY OF G G RII TI 1 S '� SAN DIEGO ADDITION UNIT 1 VOL. 9, PG. 21 p ` M. R., N. Co., TX. ' th !- Drain 0 Manhole-SW \ ` 50' R-O-W (4--)� \� ^Pte S%aewa, Curb Line Drain (/) k Ranp 101'T J 6 FND. 5/8' L1�. �anp (N 89 03'50' E 60.00') O END. CA _FND,_DRILL HOLE Siff.DRILL HOLE J —IFf CSN RETE - IN CONCRETE /� IDraln �., / 1 / (N01.13'39'W 18.92') 1n / C /' END. CAP Iiu Portion Lot 3 20' Bldg. Line 0 0 0 State of Texas END.• CAPI Vol. 1086, Pg. 185 /D. R., N. Co., TX. / , o a� a to n r r e 40 O ° m BUS STOP O• , cb. q0.037 Acres3 ` ►� Q' w '^ Remainder Lot 2, Block 6, v/ .,/ (c„ Maria G. Lopez Ize/ r4 Clerk's File No. 2016000345 I/ c'/ 'v 0. P. R., N. Co., TX. / oo • 0.110 Acres / 2 4 /,/ Portion Lot 2 w .o N a I I4' Concrete State of Texas 2 ti tr o I Sidewalk Vol. 1110, Pg. 383 2 ' .. Overhead j r D. R., N. Co., TX. Power Traffic , ,a / 7.5',U. E. Signa Z Pj — — �Gn PP-HV (_24.46') if —588'36' •.NN 42. 3' Pt, to ox y ET 'i/8' I.R. w/ / END. 5/8' I.R./ (S 89.03'50' w 42.36'),,=•p= 8�o3'S0 w 60.00')y CAP 'R.P,L.S. 5874' /; - -- } ///- -- 7.5' U. E. G I PP Lot 28, Block 6 Lot 29, Block 6 / i Roland Martinez, et. ux. Portion Lot 27 ti ' Roland Martinez Clerk's File No. 20050341181 State of Texas z ,• Clerk's File No. 2005042183 O. P. R., N. Co., TX. Vol. 1082, Pg. 231 4° O. P. R., N. Co., TX. D. R., N. Co., TX. t, 0"FIND. CAP" DENOTES A or 8 2 9 FOUND 4' CONCRETE (' MONUMENT W/BRASS CAP NOTES: ' j STAMPED "TX. HWY. DEPT." 1) Distances are measured at surface and bearings are based on a GPS survey conducted in the Texas Coordinate System, South Zone NAD1983, in US Feet. Combined Scale Factor: 0.99998578. 2) There may be existing pipelines not shown on this mop. Notify the Texas One Call System (811) to locate existing pipelines before performing any excavation on this property. 3) Determined by graphical methods only, this property lies within Flood Zone C, an area of minimal flooding, as shown on FEMA Flood Mop No. 485464 0168 C, dated July 18, 1985. PLAT SHOWING SURVEY OF PROPERTY LOCATED AT 3113 S. PORT AVENUE, CORPUS CHRISTI,TEXAS BEING THE REMAINDER OF LOT 2, BLOCK 6 OF THE SAN DIEGO ADDITION UNIT 1 AS SHOWN ON MAP RECORDED IN VOLUME 9,PAGE 21 OF THE MAP RECORDS OF NUECES COUNTY,TEXAS DEED RECORDED IN CLERK'S FILE NO.2016000345 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY,TEXAS SCALE 1"=25 FEET I, Michael J. Maclnnis, Registered Professional Land Surveyor of Texas, do hereby state that this plat represents an actual survey made on the ground, under my direction, to the best of my knowledge and ability, this the 11th day of April, 2016. A sinned and sealed metes & bounds description accompanies this plot. - • .°.F..F. ' P O,s rE9 O:t,9. i Native Survey Co. ;`' `�� AV/7"A( — 7092 County Road 4167des ' MICHAEL.J.MacINNIS • Taft,Texas 78390 `*1.' 58�a Registered Prof. Land Surveyor Phone/Fax:361-528-4233 v 9.Fesslo`'t- oQ Texas Registration No. 5874 Cell: 361-244-2043 .o SURvti, TX Firm No. 10044900 C:\ProJects\2016\160305-r1 Exhibit B PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 1253065 PO# Before me,the undersigned, a Notary Public,this day personally came • Ca (45C4/1 , 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 09/04/16 Sun CC-Internet - caller.com 09/04/16 Sun LEGAL SALES REPRESENTATIVE On this day of 2-12PE , 20 /CP I certify that the attached document is a true and exact copy made by publisher. /U(iLe' Notary Public, State of Texas .• MICHELLE JOYCE CABRERA My Notary ID#124864183 .47 Expires March 19,2020 6E»Sunday, September 4,2016» 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 pub- lic hearing on September 20, 2016 during a regular Council meeting which com- mences at 11:30 a.m. in the Council Chambers,City Hall, 1201 Leopard Street,to con- sider the following zoning application(s) which is/are on file in the Department of Development Services.At said time&place of hearing, persons&parties interested may appear before the City Council: Case No. 0816-01 Maria G. Lopez: From the "RS-6" Sin- gle-Family 6 District to the "CN-1" Neighborhood Com- mercial District.The proper- ty to be rezoned is described as a 0.037 acre tract of land, being the remainder of Lot 2, Block 6 of the San Diego Addition Unit 1, located on the east side of Niagara Street between Guadalupe Street and Nogales Street. Case No. 0816-04 MBA-Mi Mundo Daycare, LLC.: From the "RS-6" Single-Fami- ly 6 District to the "CN-1" Neighborhood Commer- cial District. The property to be rezoned is described as being Peary Place Annex "D", located on the west side of Paul Jones Avenue between Brittany Drive and Argonne Drive. Case No. 0716-06 Corner Strong, Ltd.: From the "CN- 1" Neighborhood Commer- cial District and "CG-2" General Commercial District to the "CG-2" General Com- mercial District. The prop- erty is described as being a 4.99-acre tract of land of which 4.52 acres is out of Lots 17, 18, 31 and 32, Sec- tion 11,Flour Bluff and Enci- nal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove Unit 11, located on the east side of South Staples Street(FM 2444)between Corsica Road and Timbergate 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 # 1294010 PO # Before me, the undersigned. a Notary Public. this day personally came 0• Ca C '-, , 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 10/03/16 Mon CC-Internet - caller.com 10/03/16 Mon __,„bl&-A—A/11971 LEGAL SALES REPRESENTATIVE On this 3 day of 0 , 20 /lQ I certify that the attached document is a true and exact copy made by publisher. Notary Public, State of Texas MICHELLE JOYCE CABRERA •`1,.... .;A";; �' My Notary ID#124864183 'F E Expires March 19.2020 CALLER-TIMES a Monday,October 3,2016 K 3E Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO. 030970, Ordinance amending the Unified Devel- opment Code ("UDC"), upon application by MBA- Mi Mundo Daycare, LLC, on behalf of BAPS Corpus Christi, LLC ("Owner") by changing the UDC Zoning Map in reference to Peary Place Annex "D", from the "RS-6" Single-Family,6 Dis- trict to the"CN-1"Neighbor- hood Commercial District; f NO.030971,Ordinance amend- ing the Unified Development Code ("UDC"), upon appli- cation by Maria G. Lopez ("Owner"), by changing the UDC Zoning Map in refer- ence to a 0.037 acre tract of land, described as being the remainder Lot 2, Block 6 of the San Diego Addition Unit 1,from the"RS-6" Sin- gle-Family 6 District to the "CN-1" Neighborhood Com- mercial District; NO.030972,Ordinance amend- ing the Unified Development Code("UDC"),upon applica- tion by Corner Strong, Ltd ("Owner"), by changing the UDC Zoning Map in refer- ence to a 4.99-acre tract of land of which 4.52 acres is out of Lots 17,18,31 and 32, Section 11, Flour Bluff and Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove Unit 11, from the "CN-1" Neighborhood Commercial District and "CG-2" General Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. NO.030978,Ordinance adopt- ing a new comprehensive plan for the City of Corpus Christi titled"Plan CC Com- prehensive Plan"; providing that the adopted compre- hensive plan shall amend, supersede, and replace the previous comprehensive plan titled "City of Corpus Christi Policy Statements: An Element of the Compre- hensive Plan";and providing for severance, publication and effective date. These ordinances were passed and approved on second reading by the Cor- pus Christi 27,2016ouncil on September /5/Rebecca Huerta City Secretary