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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