HomeMy WebLinkAbout031010 ORD - 12/13/2016 Ordinance amending the Unified Development Code ("UDC"), upon
application by Corpus Christi Retail Venture, LP and Corpus Christi
Area Council for the Deaf, Inc., on behalf of The City of Corpus Christi
("Owner"), by changing the UDC Zoning Map in reference to a 6.36
acre tract, out of a 7.245 acre public park, Mt.Vernon Subdivision Unit
3, from the "RS-6" Single-Family 6 District to the "CG-2" General
Commercial District on Tract 1, and to the "CN-1" Neighborhood
Commercial District on Tract 2; 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 The City of Corpus Christi
("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, November 2, 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 "CG-2" General Commercial District on Tract 1,
and to the "CN-1" Neighborhood Commercial District on Tract 2, and on Tuesday,
November 15, 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 Corpus Christi Retail Venture, LP and Corpus
Christi Area Council for the Deaf, Inc. on behalf of The City of Corpus Christi ("Owner"),
the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is
amended by changing the zoning on a 6.36 acre tract, out of a 7.245 acre public park,
Mt. Vernon Subdivision Unit 3, located on the southeast corner of McArdle Road and
Holmes Drive (the "Property"), from the "RS-6" Single-Family 6 District to the "CG-2"
General Commercial District on Tract 1, and to the "CN-1" Neighborhood Commercial
District on Tract 2 (Zoning Map No. 043036), as shown in Exhibits "A", "B", "C" and "D".
Exhibits A and C, which are metes and bounds descriptions of Tract 1 and Tract 2 of the
Property, and Exhibits B and D, which are maps 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.
1) 31010
INDEXED
SECTION 4. To the extent this amendment to the UDC represents a deviation from
the City's Comprehensive Plan also known as Plan CC, 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.
K:\DevelopmentSvcs\SHARED\Legistar\2016 CC Agenda Items\11-15-16\Zoning\1016-05 Mt.Vernon\NewOrdinance-CG-2 and CN-1.docx
That the foregoing ordinpnce was read for t first time and passed to its second
reading on this the .( j 'day of "-Cp ./ .016, by the following vote:
Nelda Martinez I / Brian Rosas __Izji.
Rudy Garza i Lucy Rubio
__AL
Michael Hunter / . f Mark Scott aibita-6'J
Chad Magill / / Carolyn Vaughn Or
Colleen McIntyre
That the foregoing ord' ance was (e do{the second time and passed finally on this
the 1 ,jfi` day of 0 �Yl 1v , 2016, by the following vote:
Dan McQueenOA- ; Ben Molina /
/ l ,
Rudy Garza v Lucy Rubio
Paulette Guajardo i d! Greg Smith • ,!,
Michael Hunter l�,_ Carolyn Vaughn `. ,.&
Joe McComb iti;; i
PASSED AND APPROVED, this the ( ay of D-0-41110-4(—) , 2016.
ATTEST:
Re ecca Huerta Dan McQueen
City Secretary Mayor
EFFECTIVE ATE
t: 9
i3iclo
7 LI
URBAN
ENGINEERING
Job No.43062.B6.00
November 7,2016
Tract 1
5.68 Acre
CG-2 Zoning Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes,for a 5.68 Acre Tract, of a 7.245 Acre Public Park, Mt. Vernon Subdivision Unit 3,a
map of which is recorded in Volume 19, Pages 84, of the Map Records of Nueces County, Texas; said
5.68 Acre Tract being more fully described by nietes and bounds as follows:
Beginning, at a 5/8 Inch Iron Rod Found, for an inner ell corner of Lot 2, Block 1, La Palmera
Mall,a map of which is recorded in Volume 67, Page 258-263,of the said Map Records,the South corner
of the said Public Park and this Tract;
Thence,North 61°22'38" West, with a Northeast line of the said Lot 2 and the Northeast line of
Block 9, Mt. Vernon Subdivision Unit, a map of which is recorded in Volume 19, Page 84, of the said
Map Records, at 203.88 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 14 and Lot
15, said Block 9, at 330.16 Feet, pass a 5/8 Inch Iron Rod Found, for the common comer of Lot 16 and
Lot 17, said Block 9, at 393.11 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of the said
Lot 17 and Lot 18,said Block 9, in all 410.45 Feet,for the West corner of this Tract and the beginning of
a non-tangent curve to the Right, having a delta of 04°08'05", a radius of 2837.83 Feet, an arc length of
204.78 Feet,and a chord which bears North 32°23'17"East,204.73 Feet;
Thence, with the said non-tangent curve to the Right, 204.78 Feet, for the beginning of a non-
tangent curve to the Left, having a delta of 05°49'16", a radius of 3857.83 Feet, an arc length of 391.95
Feet,and a chord which bears North 31°34'04"East,391.78 Feet;
Thence,with the said curve to the Left,391.95 Feet,to the Southwest boundary of a 0.2428 Acre
Right-of-Way Easement, as described in Document No. 2003001406, of the Official Public Records of
Nueces County,Texas,for the North corner of this Tract;
Thence, South 64°05'01" East, with the Southwest line of the said 0.2428 Acre Right-of-Way
Easement, 411.44 Feet, for the Northeast corner of this Tract, from whence a 5/8 Inch Iron Rod Found,
for the North corner of the said Lot 2,bears North 28°38'09" East, 1.43 Feet;,
Thence, South 28°38'09" West, 17.57 Feet, for the beginning of a non-tangent curve to the
Right, having a delta of 05°51'03", a radius of 2783.79 Feet, an arc length of 284.27 Feet, and a chord
which bears South 31°34'04" West,284.14 Feet;
Thence,with the said curve to the Right,284.27 Feet,for a corner of this Tract and the beginning
of a non-tangent curve to the Left, having a delta of 04°36'14",a radius of 3911.83 Feet,an arc length of
314.33 Feet,and a chord which bears South 32°09'53" West,314.25 Feet;
S:\Surveying143062\86001OFF10E\METES AND BOUNDSICG-2_43062B600_20161107.doc Page 1 oft
(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE Firm#145•TBPLS Firm#10032400
Exhibit A
Thence,with the said non-tangent curve to the Left, an arc length of 314.33 Feet, to the Point of
Beginning,containing 5.68 Acres(247,416 Sq.Ft.)of Land,more or less.
Bearings based on GPS,NAD83,State Plane Coordinate System,Texas South Zone 4205.
Unless this freldnote description, including preamble, seal and signature, appears in its entirety,
in its original form,surveyor assumes no responsibility for its accuracy.
Also reference accompanying sketch of tract described herein.
G .. l' U AN ENGIN RIN
T ER .
* �
� JAM .. C
ES DAVID AaR
,'
'' 6458 :` James D.Carr,R.P.L.S.
`; �'A9�FEss�c$yp�,' License No.6458
'�N4 SURA -
•
S:1Surveyingl43062\6600\OFFICE METES AND BOUNDS\CG-2_43062B600_20161107.doc Page 2 of 2
(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE Firm#145•TBPIS Firm#10032400
Exhibit A
Legend:
0 3/4 Inch Iron Pipe Found
• 5/8 Inch Iron Rod Found
5/8 Inch Iron Rod with
plastic cap stamped
"URBAN ENGR CCTX" Set
Brister
• 5/8 Inch Iron Rod with yellow
plastic cap stamped
"BRISTER SURVEYING" Found
$ Drill Hole Found
=5'49'16"
R=3857.83'
L=391.95'
T=196.14'
CB=N31'34'04"E
CL=391.78'
Qj U'
o •
' •
O `Q° a�
L =4'08'04"
R=2837.83'
L=204.78'
T=102.43'
CB=N 32'23'17"E �
CL=204.73'
4'67,
sq Jei
fat
78
ReOor
'. Nve e 084 io,1 /far 74
coo 4i1 nit
•
0
oe•
Sex
0�9ht T2s
oa o\ 28
'0 pb Forme
pe
Brister
5.68 Acre
(247,416sf)
Public Park
Mt. Vernon Subdivision Unit 3
Vol. 19, Pg. 84, Map
Records of Nueces County, Texas
(Owner: City of Corpus Christi)
6'95. U
\ .. (frog /O.
R
Cot 7, A. s3
?�!: \
Nt Pe le het le/A/8.7. y \ (fro/Sys
of i9 SCrb°4 9 ° 7537 11Q.. M.4',1/ A, 0.4.:/
,•e03C 9?� /
yes L) 9,f
\\ //
s •
qty
Telcos
Bo•so �\
7
MRora/e
froriP 0041
s�
tom®
11
Called 1.508 Acres
(Surveyed by Others)
/
/
Brister
/
/
/Brister
4'x20' U.E.
(Vol. 19, Pg. 83,
M.R.N.C.T.)
4'x20' U.E.
(Vol. 19, Pg. 83,
M.R.N.C.T.)
Point of
Beginning
=4'36'14"
R=3911.83'
L=314.33'
T=157.25'
CB=S32'09'53"W
CL=314.25'
(A=4'35'44"
R=3911.84`
L=313.75'
T=156.96')
Sowth\\\
OSS dut7
County Of Nueces City e
Of Corpus Christi
A=5'51'03"
R=2783.79'
L=284.27'
T=142.26'
CB=S31'35'08"W
CL=284.14'
Location Map N.t.s.
(8=5.51'00"
R=2783.79'
L=284.23'
T=142.24')
Exhibit
Sketch to Accompany
FlELDNOTES for a 5.68 Acre Tract, out of a 7.245 Acre
Public Park, Mt. Vernon Subdivision Unit 3, a map of
which is recorded in Volume 19, Pages 84, of the Map
Records of Nueces County, Texas.
II relic nRu RO. 185 reP5F Y NO 10032300
2725 rNER DR. SO rx 7.03
P1.1082.341.8.3101 WAY UR138111788 Cpl
URBAN
ENGINEERING
DATE: November 7, 2016
SCALE: 1n=100'
JOB NO.: 43062.B6.00
SHEET: 1 of 1
DRAWN BY: XG
urbansurvey1@urbaneng.com
02016 by Urban Engineering
Exhibit B
URIBANI
ENGINEERING
1
Job No.43062.B6.09
November 7,2016
Tract 2
0.68 Acre
CN-1 Zoning Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes,for a 0.68 Acre Tract, of a 7.245 Acre Public Park, Mt. Vernon Subdivision Unit 3,a
map of which is recorded in Volume 19, Pages 84, of the Map Records of Nueces County, Texas; said
0.68 Acre Tract being more fully described by metes and bounds as follows:
Commencing,at a 5/8 Inch Iron Rod Found,for an inner ell corner of Lot 2, Block 1,La Palmera
Mall,a map of which is recorded in Volume 67,Page 258-263,of the said Map Records,the South corner
of the said Public Park and this Tract;
Thence, North 61°22'38" West, with a Northeast line of the said Lot 2 and the Northeast line of
Block 9, Mt. Vernon Subdivision Unit, a map of which is recorded in Volume 19, Page 84, of the said
Map Records,at 203.88 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 14 and Lot
15, said Block 9, at 330.16 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 16 and
Lot 17, said Block 9, at 393.11 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of the said
Lot 17 and Lot 18,said Block 9,in all 410.45 Feet,for the Point of Beginning;
Thence, North 61°22'38" West, continuing with the Northeast line of the said Block 9, 50.02
Feet,to a 3/4 Inch Iron Pipe Found,on the Southeast line of Holmes Street(50 Foot Wide Right-of-Way),
being the North corner of Lot 18, said Block 9, for the Southwest corner of the said Public Park and this
Tract, and the beginning of a non-tangent curve to the Right, having a delta of 04°09'51 a radius of
2887.83 Feet,an arc length of 209.88 Feet,and a chord which bears North 32°22'25" East,209.83 Feet;
Thence, with the said non-tangent curve to the Right, 209.88 Feet, to a 5/8 Inch Iron Rod with
red plastic cap stamped "URBAN ENGR CC TX" Set, on the said Southeast line of Holmes Street, for
the beginning of a non-tangent curve to the Left,having a delta of 05°47'07",a radius of 3807.83 Feet,an
arc length of 384.49 Feet,and a chord which bears North 31°35'09" East,384.32 Feet;
Thence, with the said curve to the Left, at 70.43 Feet, pass a 3/4 Inch Iron Pipe Found, in all
384.49 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for the
West corner of a 0.2428 Acre Right-of-Way Easement,as described in Document No. 2003001406,of the
Official Public Records of Nueces County,Texas,for the North corner of this Tract;
Thence, South 64°05'01" East, with the Southwest line of the said 0.2428 Acre Right-of-Way
Easement, 50.06 Feet, for the Northeast corner of this Tract, and the beginning of a curve to the Right,
having a delta of 05°49'16", a radius of 3857.83 Feet, an arc length of 391.95 Feet, and a chord which
bears South 31°34'04" West,391.78 Feet;
S:1Surveying1430621B600lOFFICE\METES AND BOUNDSICN_43062B600_20161107.doc Page I of 2
(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
{
TBPE Firm#145•TBPLS Firm#10032400
Exhibit C
Thence,with the said curve to the Right, an arc length of 391.95 Feet, for a corner of this Tract,
and the beginning of a curve to the left having a delta of 04°08'04",a radius of 2837.83 Feet,an arc length
of 204.78 Feet,and a chord which bears South 32°23'17" West,204.73 Feet;
Thence, with the said curve to the Left, an arc length of 204.78 Feet,to the Point of Beginning,
containing 0.68 Acres(29,778 Sq. Ft.)of Land,more or less.
Bearings based on GPS,NAD83,State Plane Coordinate System,Texas South Zone 4205.
Unless this fieldnote description, including preamble, seal and signature, appears in its entirety,
in its original form, surveyor assumes no responsibility for its accuracy.
Also reference accompanying sketch of tract described herein.
/ OF�Q� E T o—qs
• t. \ U N ENGIN E
JAMES ,DAVID_CARR'.'
6458 ‘,/ Wit)�'*aFEsso yp�,� James D. Carr, R.P.L.S.
4/0 SURA - License No. 6458
•
' I
S:\Surveying\43062\8600\OFFICE\METES AND BOUNDS\CN 43062B600_20161107.doc Page 2 oft
(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE Firm tt 145•TBPLS Firm#10032400
Exhibit C
Legend:
3/4 Inch Iron Pipe Found
• 5/8 Inch Iron Rod Found
0 5/8 Inch Iron Rod with
plastic cap stamped
"URBAN ENGR CCTX" Set
Brister
•
0 =5'47'07"
R=3807.83'
L=384.49'
T=192.41'
CB=N3115'09"E
CL=384.32'
5/8 Inch Iron Rod with yellow
plastic cap stamped
"BRISTER SURVEYING" Found
6 Drill Hole Found
A =4'09'51"
R=2887.83'
L=209.88'
T=104.99'
CB=N32'22'25"E
CL=209.83'
Cat
ob
O' •
•
°'•
•
Point of
Beginning
0
A =4'08'04"
R=2837.83'
L=204.78'
T=102.43'
CB=S32'23'17"W
CL=204.73'
Oc r 24P96
4.OS b
,..
p°• oo 5
0 s
.cTO74 eft
Oe
MR'ai R
e
q frot,P °oy
SJ
0 =5'49'16"
R=3857.83'
L=391.95'
T=196.14'
CB=S3114'04"W
CL=391.78'
Brister
Public Pork
Mt. Vernon Subdivision. Unit 3
Vol. 19, Pg. 84, Map
Records of Nueces County, Texas
(Owner: City of Corpus Christi)
(poi 10 ' U
M9 ,P�p•E.
Car `,/?6•NC 9 e
l., - -'e'' L) J
A,.. N?.�
Mf kot ( 3g
�e� 16 e,. 1y (I >
Rec i)0 e/c /402,5' 4t0 \ of S'.5.0
0
o/-ys o 79 846 k 9 tis >. 4S, \ \ M� p9 F /
f 4/4 Pg -47,5 o i/4of ^. mea Nc T 9,-, .y3 /
ces 84 " c.ot 74 \ /
7 Coo, 40,0 i 3 Car /
t): Texo 41/0,y; •,'s
lg
167
Called 1.508 Acres
(Surveyed by Others)
q/
/ / Point of
Commencement
//
//Brister
//
//
/7
•
•
/ Brister
4'x20' U.E.
(Vol. 19, Pg. 83,
M:R.N.C.T.)
/ 4'x20' U.E.
J --(Vol. 19, Pg. 83,
M.R.N.C.T.)
Oy
.4
ons
ark
and/e
SQ(— \ \
165
Pc,
(37/-6,
1,9
Odre/S h\\\
0,1,e
ms
Site
County Of Nueces City
Of Corpus Christi
Location Map N.t.s.
Exhibit
Sketch to Accompany
FIELDNOTES for a 0.68 Acre Tract, out of a 7.245 Acre
Public Park, Mt. Vernon Subdivision Unit 3, a map of
which is recorded in Volume 19, Pages 84, of the Mop
Records of Nueces County, Texas.
111 TOPE PRY NO 148 112PL5 R. N0. 10022400
2725 WANNER 02ORPOS 021221I. T% 78104
PN011E' 261.252 2101 URBMIENG.00Y
URBAN
ENGINEERING
DATE: November 7, 2016
SCALE: 1"=100'
JOB NO.: 43062.66.00
SHEET: 1 of 1
DRAWN BY: XG
urbansurveyl0urbaneng.com
02016 by Urban Engineering
Exhibit D
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 1334451
PO #
Before me, the undersigned, a Notary Public, this day personally came C-i• �aL 3on , 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 10/30/16 Sun
CC-Internet - caller.com 10/30/16 Sun
•
LEGAL SALES REPRESENTATIVE
On this day of(rt 61/611) , 20 �I ce ify that the attached document is a true
and exact copy made by publisher.
Notary Public State of Texas
o y
*•` MICHELLE JOYCE CABRERA
My Notary ID#124864183
' `.. Expires March 19.2020
6E Sunday,October 30,2016 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 November
15, 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. 1016-05 City of Cor-
p
ng ehFamilyus Cristi: r om 6 D strict to
the"CG-2"General Commer-
cial District. The property to
be rezoned is described as
Mt. Vernon Subdivision Unit
3, 6.36 acres out of a 7.245
acre public park, located
on the southeast corner of
McArdle Road and Holmes
Drive. Information may be
obtained by calling or vis-
iting the Department of
Development Services at
(361) 826-3240, 2406 Leop-
ard Street.
/s/Rebecca Huerta
City Secretary
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 1404248
PO#
Before me, the undersigned, a Nota Public,this daypersonallycame (A),..)0
-1 ']
g Notary el• LQw��Y /, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENAT1VE 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 12/19/16 Mon
CC-Internet- caller.com 12/19/16 Mon
LEGAL SALES REPRESENTATIVE
i 1
On this 1 q day of -�'1 L.-_1 , 20t CO 1 certify that the attached document is a true
and exact copy made by publisher.
Notary Public, State of Texas
MICHELLE JOYCE CABRERA
My Notary ID#124864183
.•:,,r.,; .�"' Expires March 19.2020
4
II
2E Monday, December 19,2016 Caller-Times
Legals
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 031010, Ordinance
amending the Unified Devel-
opment Code("UDC"), upon
application by Corpus Chris-
ti Retail Venture,LP and Cor-
pus Christi Area Council for
the Deaf, Inc., on behalf of
The City of Corpus Christi
("Owner"), by changing the
UDC Zoning Map in refer-
ence to a 6.36 acre tract,out
of a 7.245 acre public park,
Mt. Vernon Subdivision
Unit 3, from the "RS-6" Sin-
gle-Family 6 District to the
"CG-2" General Commercial
District on Tract 1,and to the
"CN-1" Neighborhood Com-
mercial District on Tract 2;
amending the Comprehen-
sive 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 December 13,2016.
/s/Rebecca Huerta
City Secretary