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HomeMy WebLinkAbout031074 ORD - 02/28/2017 Ordinance amending the Unified Development Code ("UDC"), upon application by Palm Land Investment, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 5.824 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 10 and 11, from the "RS-4.5" Single Family Residential District to the "RS-TH" Residential Townhouse 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 by Saldana Consulting on behalf of Palm Land Investment, Inc. ("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, January 11, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS- 4.5" Single Family Residential District to the "RS-TH" Residential Townhouse District, and on Tuesday, February 21, 2017, 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 Palm Land Investment, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 5.824 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 10 and 11; located on the west of Oso Parkway and south of Dove Hollow Drive (the "Property"), from the "RS- 4.5" Single Family Residential District to the "RS-TH" Residential Towhnhouse District (Zoning Map No. 041031), 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 entities. 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. 031074 INDEXED 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the 21st day of February, 2017, by the following vote: Mayor Va,c ►— Ben Molina _____4_ Rudy Garza I/ AAA Lucy Rubio I ______14,_ Paulette Guajardo I V 1 Greg Smith 0 _AI_ Michael Hunter i I.i Carolyn Vaughn a/ , Joe McComb I I That the f rcgoing or.'nance was read for the second time and passed finally on this the a 1d'ay of , ' 8 . , 2017, by the following vote: I Mayor V CUk Ben Molina Rudy Garza it Lucy Rubio 1.I� Paulette Guajardo Li°4l,71' Greg Smith ilii j Michael Hunter t ; Carolyn Vaughn I AA i ' Joe McComb A .4404 Q�I PASSED AND APPROVED on this the 0_,Q-)4)-- /�+~ day of k 1,1 012017. ATTEST: Rja12,e,e_OC—Fib‘e4 Grttaxr Da_u_e_f____ Rebecca Huerta Mayor K:\DevelopmentSvcs\SHARED\ZO ING CASES\2017\O117-04 Palm Land Investments(Saldana)\Council etrEC1Q1�►igEcrl(l Tre P.m Land Investment.docx Errt(� V L i7f11 G Page 2 of 2 ........5.40_ 1 031074 EXHIBIT"A" 5.824 ACRES THE STATE OF TEXAS) THE COUNTY OF NUECES) BEING 5.824 Acre Re-Zoning Tract situated in Lots 10,&11,Section 26 of the Flour Bluff&Encinal Farm and Garden Tracts as recorded in Volume A,Page 41 of the Map Records,Nueces County,Texas and being a portion of a called 60.54 acre tract of land described by Correction Special Warranty Deed dated February 20,2012,conveyed from L and LFamily Partnership,Ltd.to Palm Land Investment,Inc.as recorded in Instrument No.2012011143 of the Official Public Records,Nueces County,Texas,said 5.824 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point along the southwest line of Oso Parkway(an 80-foot Right-of-Way),marking the east corner of Lot 1, Block 7 of the Cayo Del Oso Subdivision, Section 1 according to the established map or plat thereof as recorded in Volume 68,Pages 727-728 of the Map Records,Nueces County,Texas for the north corner and a point of curvature to the right for the herein described tract; THENCE,along the southwest right-of-way line of said Oso Parkway,the following courses and distances: • with a curve turning to the right having an arc length of 131.72 feet,with a radius of 566.00 feet,with a delta angle of 13'20'02",having a chord bearing of South 02'03'17"East,and a chord length of 131.42 feet to a point of tangency for the herein described tract; • South 04'34'10"West,a distance of 22.65 feet to a found 5/8"steel rebar marking a point of curvature to the right for the herein described tract; • with a curve turning to the right having an arc length of 23.56 feet,with a radius of 15.00 feet,with a delta angle of 90'00'00",having a chord bearing of South 49'34'10"West,and a chord length of 21.21 feet to a found S/8"steel rebar marking a point of tangency for the herein described tract; • South 04'34'10"West,a distance of 50.00 feet to a found 5/8"steel rebar marking a point of curvature to the right for the herein described tract; • with a curve turning to the right having an arc length of 23.56 feet,with a radius of 15.00 feet,with a delta angle of 90'00'00",having a chord bearing of South 40'25'50"East,and a chord length of 21.21 feet to a found 5/8"steel rebar marking a point of tangency for the herein described tract; • South 04'34'10" West, a distance of 115.73 feet to a point marking an interior corner of the herein described tract; • South 85'25'50"East,a distance of 40.00 feet to a point marking the centerline of said Oso Parkway for the east most corner and a point of curvature to the right for the herein described tract; THENCE, departing the south line of the aforesaid Cayo Del Oso Subdivision,Section 1, over, into, and across the aforesaid 60.54 acre tract,the following courses and distances: • with a curve turning to the right having an arc length of 252.58 feet,with a radius of 600.00 feet,with a delta angle of 24'07'11",having a chord bearing of South 16'37'46"West,and a chord length of 250.72 feet to a point of tangency for the herein described tract; • South 28'41'21"West,a distance of 72.65 feet to a point marking the south corner of the herein described tract; 1 • North 61'18'39"West,a distance of 719.63 feet to a point marking the west corner of the herein described tract; • North 28'41'21" East, a distance of 240.00 feet to a point marking the northwest corner of the herein described tract; • South 61'18'39"East,a distance of 242.17 feet to a point marking an interior corner for the herein described tract; • North 60'32'01" East, a distance of 439.98 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 5.824 acre tract of land,more or less. Basis of bearing is based on the Texas State Plane Coordinate System (NAD 83), South Central Zone (4204).This survey was adjusted using a combined scale factor of 1.00003518679844(GEOI012A). The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in November,2016 and are true and correct to the best of my knowledge and belief. rile! •gek±:_C 6,4*, R' Urba Surveys g,I c, ,, o.W By:T r T. Ru•dick 1 Registered Professional Land urveyor` TERRY T R ...t. . gL4 4943 ,,... Texas No.4943 ;P r� ' E21463.00—5 824 Acres 8U•_ 2 I- s I 1 --- — _J,— — ._- .— —I— --- v „ '� ,w OS,,0 s; It4R4.11, O1 pi. ' 2. a� jovi 11 11 H OP 11111 1% 41111*/ i Ili" IS I. 1t 2. O Pc s NECHES DR. —f u u 19 POINT OF BEGINNING r EI OR' 4/ t O^ > ty i I �p� °� O3 p' r4ay .'.' vo cnj `4 S 6118'39'E 2/12.17' .253695Sq. feet u ' 8 S.824Acres N "":". o la 04 \cs\ N Z Ln1 I N 61'18'39"W 719.63' !Mtn Aurrw.rrW t111 4u t It Iuat rAurrTRDMI 141 a' wurL'SA'137Wk/1 AC LES'..W.Yra.J c.«Cr. , tt 4r,7 n.. :.iT1:9,1i 0 200 400 047.:r.-s 7 L.2.?112.4 © MT . GRAPHIC SCALE IN FEET 124 sx4 _____77 t4 '414 rr.a.rr/Anew/tna ro r7rr0,Mow ar t> lloitf"T I :..J.t,� wa.V.•,� 0, N a .0,1Crer .144 r O r an n mo- Qpi fL`Y or.wA R>0ran 1 I r.1 a,, aS,,PAW. .�rr.c OMR 0,Is=.7.17.tert, RC AVALIPAIP �{ 'V clurel UNE BEARING DISTANCE CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD SEARING CHORD LENGTH, L1 S 04'34'10' W 22.65' Cl 566.00' 131.72' 1310'02' S 02'03'17" E 131.42' 1.2S 04'34`10` W 50.00' C2 15.00' 23.56' 90'00'00' S 4434'10" W 21.21' 0 + S 04'34'10' W 115.73' C3 15.00' 23.56' 19O'00'DO S 40'25'50' E 2121' L4 S 65'25'50" E 40.00' C4 600.00' 252.58' 1 24.07'11" S 16'37'46' W , 250.72' 15 S 28'41'21' W 72.65' EXHIBIT"B"-SKETCH TO ACCOMPANY U SI BEING 5.824 Acre Re-Zoning Tract situated in Lots 10,&11,Section 26 of the Flour Bluff &Encino!Farm and Garden Tracts as recorded in Volume A,Page 41 of the Map Records, 4�,,AA, Nueces County,Texas and being a portion of a called 60.54 acre tract of land described by URBAN SURVEYING INC. Correction Special Warranty Deed dated February 20,2012,conveyed from L and L Family VICTORIA.TEXAS (361)578-9037 FIRM I 10021100 Partnership,Ltd.to Palm Land Investment,Inc.as recorded in Instrument No.2012011143 cueno.rexAS (361)277-90(31 FIRM It 10021101 of the Official Public Records,Nueces County,Texas. SAN ANTONIO,TEXAS (210)267.8854 FRM 0 10193643 DRAWN BY: MKW ` JOB NO.: E21463 Exhibit B PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 1472327 PO# Before me,the undersigned, a Notary Public, this day personally came L Q (--)SU'l, 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 02/05/17 Sun CC-Internet - caller.com It/05/17 Sun LEGAL ALES ' PRESENTATIVE On this (10 day of FU3114-124-1 , 20 17 I certify that the attached document is a true and exact copy made by publisher. Notary Public, State of Texas MICHELLE JOYCE CABRERA E•ri My Notary ID#124864183 ' ';.,<T.• Expires March 19.2020 Caller-Times Sunday, February 5,2017 5E 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 public hearing on February 21,2017 during a regular Council meeting which commences at 11:30 a.m. in the Coun- cil Chambers, City Hall, and 1201 Leopard Street,to con- sider the following zoning application 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. 0117-02 Carriage Management, Inc. I: From the "RM-AT" Multifamily Apartment Tourist District to the "RS-10/SP" Sin- gle-family 10 District with a Special Permit. The proper- ty to be rezoned is described as being a 2.24 acre tract of land for the Seaside Sub- division and Riviera Condo, Block 1, Lot 6B, as shown on the map provided, locat- ed along the south side of Ocean Drive between Robert Drive and Airline Road. Case No. 0117-03 Carriage Management, Inc. II: From the "RM-AT" Multifamily Apartment Tourist District to the "RS-10/SP" Sin- gle-family 10 District with a Special Permit. The proper- ty to be rezoned is described as being a 3.09 acre tract of land for the Seaside Subdi- vision, Block 2, Lots 1 and 2, as shown on the map provided, located along the south side of Ocean Drive between Robert Drive and Airline Road. Case No. 0117-04 Palm Land Investment: A change of zoning from the "RS-4.5" Single Family Residential District to the "RS-TH" Res- idential Townhouse District. The property to be rezoned is described as a 5.824 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 10 and 11, locat- ed on the west side of Oso Parkway and south of Dove Hollow Drive. /s/Rebecca Huerta City Secretary PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 1513030 PO# Before me,the undersigned, a Notary Public,this day personally came G^? • L Q U•ci J U/i , 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 03/06/17 Mon CC-Internet - caller.com 03/06/17 Mon LEGAL SALES REPRESENTATIVE On this I gay of 20 l7)ertify that the attached document is a true and exact copy made by publisher. Notary Public, State of Texas ._—MICHELLE JOYCE CABRERA My Notary ID#124804/83 • .�" Exp:res March 19 2020 2E Monday, March 6,2017 Caller-Times Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO.031074,Ordinance amend- ing the Unified Development Code ("UDC"), upon appli- cation by Palm Land Invest- ment ("Owner"), by chang- ing the UDC Zoning Map in reference to 5.824 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 10 and 11,from the "RS-4.5" Single Family Res- idential District to the "RS- TH" Residential Townhouse District; NO. 031075, Ordinance amending the Unified Devel- opment Code("UDC"), upon application by CLA Realtors for Carriage Management, Inc. ("Owner"), by changing the UDC Zoning Map in ref- erence to a 2.24-acre tract of land out, Seaside Sub- division and Riviera Condo, Block, 1, Lot 6B, from the "RM-AT"Multi-Family Apart- ment Tourist District to the "RS-10/SP" Single-Family 10 District with a Special Per- mit; NO. 031076, Ordinance amending the Unified Devel- opment Code ("UDC"), upon application by CLA Realtors for Carriage Management, Inc. ("Owner"), by chang- ing the UDC Zoning Map in reference to a 3.09-acre tract of land out , Seaside Subdivision, Block 2, Lots 1 and 2, from the "RM-AT" Multi-Family Apartment Tourist District to the "RS- 10/SP"Single-Family 10 Dis- trict with a Special Permit; 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 February 28,2017. /s/Rebecca Huerta City Secretary