HomeMy WebLinkAbout031076 ORD - 02/28/2017 Ordinance
amending the Unified Development Code ("UDC"), upon application
by CLA Realtors for Carriage Management, Inc. ("Owner"), by
changing 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 District with a Special Permit; 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 CLA Realtors for Carriage
Management, 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 requested "RS-10/SP" Single-
Family 10 District with a Special Permit, 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 Special Permit granted in Section 1 of this ordinance is due to
the provisions stated in the UDC 4.3.2 Permitted Uses Tables where it states that a
cemetery, mausoleum, columbaria, or memorial park need a Special Permit for existing
facilities expanding on same or adjacent property.
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 by CLA Realtors for Carriage Management, Inc.
("Owner"), the Unified Development Code ("UDC")of the City of Corpus Christi, Texas
("City"), is amended by changing the zoning on a 3.09-acre tract of land, Seaside
Subdivision, Block 2, Lots 1 and 2, located along the south side of Ocean Drive
between Robert Drive and Airline Road (the "Property"), from the "RM-AT" Multi-Family
Apartment Tourist District to the "RS-10/SP" Single-Family 10 District with a Special
Permit(Zoning Map No. 042038), as shown in Exhibits "A" and "B," Exhibit A, which is a
warranty deed of the Property, Exhibit B, which is a map to accompany the warranty
deed, are attached to and incorporated in this ordinance by reference as if fully set out
herein in their entireties.
SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to
the Owner meeting the following conditions:
031076
INDEXED
1. Uses: The Owner will not place any burial plots on the property abutting Ocean
Dr.
SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes
made to the UDC by Section 1 of this ordinance.
SECTION 4. 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 5. 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 6. 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 7. Publication shall be made in the City's official publication as required by
the City's Charter.
Page 2 of 3
That the foregoing ordinar a was rad for the first time and passed to its second
reading on this the q I day of lidgM.01217, by the following vote:
Mayor Ben Molina _ai.j1,_
Rudy Garza th, ' Lucy Rubio Aka(2____. ,
Paulette Guajardo 1 Greg Smith
1 _Al__
Michael Hunter 1f— Carolyn Vaughn
Joe McComb —If—
That the jpVgoing ord'ia ce was read for the second time and passed finally on this
the 2--t, "day of ALI,L _ ;r..41 2017, by the following vote:
Mayor \I �K-7. Ben Molina
Rudy Garza _0 ,f3L__ Lucy Rubio i
Paulette GuajardoOJOAQ.)(01– Greg Smith i 1 /
Michael Hunter LI Carolyn Vaughn l/!,i''
Joe McComb Al, i
4
V:3
PASSED AND APPROVED on this the day of itOY (Q 17.
ATTEST:
111
- _ i III ' r
A.- aWAQ-61,^-cfa,
Rebecca Huerta Mayor
City Secretary
EFFECTIVE DATE
3IL1t1
: eve MING CASES\2017\O117-03 Carriage Mgmt#2\Council Documents\Ordinance-0117-
03_Carriage Management,Inc.doo Page 3 of 3
031076
EXHIBIT A 0.♦
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WARRANTY DEED
EFFECTIVE DATE: February 22,2016
GRANTOR: COASTAL AFFLUENCE GROUP,LTD.,a Texas limited partnership
GRANTEE: CARRIAGE MANAGEMENT, INC.,a Delaware corporation
GRANTEE'S MAILING ADDRESS:
3040 Post Oak Blvd,Suite 300
Houston,TX 77056
CONSIDERATION: Ten Dollars and other valuable consideration.
PROPERTY: The following described Land:
Lot Six B (6B), Block One (1), SEASIDE SUBDIVISION, a
Subdivision of the City of Corpus Christi,Nueces County,Texas, as
shown by the map or plat thereof recorded in Volume 58, Page 117,
Map Records of Nueces County, Texas, to which reference is here
made for all pertinent purposes.
Together with and including all of the Grantor's right, title and interest in and to the rights and
appurtenances in any way belonging or appurtenant to said Land, including,without limitation: (i)
any improvements on said Land; (ii) strips and gores, if any, adjacent or contiguous to the Land;
(iii)any land lying in or under the bed of any street, alley, road, creek or stream running through,
abutting or adjacent to the Land; (iv)any riparian rights appurtenant to the Land relating to surface
or subsurface waters; (v) easements, rights of ingress and egress and reversionary interests
benefitting or serving the Land; (vi) all rights pertaining to any Exceptions to Warranty stated
below;and(vii)any and all other rights,titles or interests of Grantor in the Land regardless of how
evidenced or arising (the Land and other appurtenant rights being referred to herein as the
"Property").
RESERVATIONS FROM CONVEYANCE: None.
EXHIBIT A
EXHIBIT A
EXCEPTIONS TO WARRANTY:
This conveyance is subject to the following matters to the extent that such are presently in force and
effect and affect the Property:
(I) All easements,rights-of-way and restrictive covenants, if any, of record with the County
Clerk of the County in which the Property is located;
(2) Taxes for the current year,the payment of which Grantee assumes;
(3) All mineral estate reservations and conveyances (including assignments or reservations of
royalty interests)by Grantor and by Grantor's predecessors in title as shown by the records
of the County Clerk of the County in which the Property is located.
The above exceptions are solely stated as limitations and qualifications to Grantor's warranty, and
nothing herein shall be construed as an acknowledgement by Grantee as to the validity of any such
Exceptions or an assumption or agreement by Grantee as to the terms of such Exceptions.
GRANT OF PROPERTY:
Grantor,for the Consideration and subject to the Reservations From Conveyance and Exceptions to
Warranty, GRANTS, SELLS, CONVEYS, ASSIGNS and DELIVERS to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold unto Grantee,Grantee's heirs,executors,administrators,successors,and assigns forever.
Grantor binds Grantor and Grantor's heirs,executors, administrators,and successors to warrant and
forever defend all and singular the Property to Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof,except as to the Reservations From Conveyance and Exceptions
to Warranty.
ASSIGNMENT OF CLAIMS:
Grantor hereby assigns and transfers to Grantee all claims and causes of action arising from or
relating to any injury to the Property that may have occurred or originated before the Effective Date.
Grantor makes no representations or warranties to Grantee as to the existence or viability of any
such claims or causes of action. Grantee,and its successor and assigns, shall have the full right and
power to maintain any action against any such third party (but not in the name of Grantor) and to
settle, compromise or reassign any such claim and cause of action, and deliver a release in full
discharge of liability for the same.
ATTORNEY'S FEES:
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or
interpret the provisions of this Deed, the prevailing party will be entitled to recover reasonable
attorney's fees and court costs from the other party, which fees and costs will be in addition to any
other relief awarded.
2
EXHIBIT A
When the context requires,singular nouns and pronouns include the plural.
COASTAL AFFLUENCE GROUP,LTD.
By: Coastal Essence Group,LLC
Its General P ,
By: ..�
Rakesh
Managin
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of February, 2016, by
Rakesh Patel, Managing Member of Coastal Essence Group, L , a Texas limited liability
company, acting as General Partner of COASTAL AFFLUENCE GROUP, LTD., a Texas limited
partnership,on behalf of said partnership.
''"els. PAM MOSLEM Notary ublic, ate o Texas
* _ Notary 10 4:575474.6
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� My Commission Exp$res
''°"` 01/23/2020
AMOUNT:
PAGES:
SAN JACINTO TITLE SERVICES-HOLLY
F 4737112 Railway-Coastal Amuenceu6 WDSB-0219-11-I5 docx 3
EXHIBIT A
Doc# 2016007193
# Pages 4
02/23/2016 9:59AM
e-Filed & e-Recorded in the
Official Public Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $23.00
Any provision herein which restricts the Sale, Rental
or use of the described REAL PROPERTY because of
Race, Color,Religion, Sex, Handicap, Familial Status
or National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89
STATE OF TEXAS
COUNTY OF NUECES
I HEREBY CERTIFY THAT THIS INSTRUMENT WAS
FILED IN FILE NUMBER SEQUENCE ON THE DATE AND
AT THE TIME STAMPED HEREON BY ME AND WAS DULY
RECORDED IN THE OFFICIAL PUBLIC
RECORDS OF NUECES COUNTY TEXAS
irAtikt7A__A_ ck<fyLa-
%11°.11411111" COUNTY CLERK
NUECES COUNTY,TEXAS
EXHIBIT B
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Date¢eated 12/14/8016"
0 400 800 Pre1reG'Bs:tJerVmyM
Feet Department o/Development Services
CASE: 0117-02 �r \\,,,,,,"
Corpus Christi Bay
ZONING & NOTICE AREAee�K9>40, � \
RM-1 Multifamily t IL Light Industrial
RM-2 Multifamily 2 IH Heavy Industrial y
RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay '
ON Professional Office RS-t0 Single-Family 10 v' \ SUBJECT
RM-AT MultifamilyRB-B Single-Family 6
AT d' PROPERTY
,r
CN-/ Neighborhood Commercial RS-4.5 Single-Family 4.5 \
CN-2 Neighborhood Commercial RS-TF W/o-FamilyIllp 00 '�]c
CR-1 Resort Commercial RS-16 Single-Famlly 15 6w'9i
CR-2 Resort Commercial RE Residential Estate oP
CG-1 General Commercial RS-TH Townhouse
CG-2 General Commercial gp Special Permit
CI intensive Commercial By Recreational Vehicle Park
CBD Downtown Commercial RUN Manufaat ed Home
CR-3 Resort Commercial
FR Farm Rural Al_
c�
H Historic Overlay _
BP Business Park Ea
® Subject Property Owners qo City of.
with 200'bufferO in favor •�� 4 Corpus
4 Ownerswrthir,20G'listedon �/ Owners y� / / 'Y4 Christi
attached ownership table Ain opposition //
F.XHIBI'I' 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 0 J 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 I /05/17 Sun
LEGAL ALES 'EPRESENTATIVE
On this (.0 day of _, 20 n certify that the attached document is a true
and exact copy made by publisher.
Notary Public, State of Texas
' • '�' ': MICHELLE JOYCE CABRERA
y ,•, 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 Li,1 Ul) , 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
\....).) 5) r .---A----A..... —
LEGAL SALES REPRESENTATIVE
On this I gay of r\- , 20 i ertify that the attached document is a true
and exact copy made by publisher.
__ L,CL
Notary Public, State of Texas
:' -.. MICHELLE JOYCE CABRERA
MyNotary ID
#
=.4~ _ Exp res March 19.124884183 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;
ik 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