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HomeMy WebLinkAbout032694 ORD - 03/22/2022Ordinance rezoning property at or near 5409 Lipes Boulevard by amending the Special Permit in the "RM-1/SP" Multifamily District with a Special Permit to increase density on 9.43 acres from 22 dwelling units per acre to 28 dwelling units per acre. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC"), corresponding UDC Zoning Map of the City of Corpus Christi, Texas, and Ordinance No. 030434 is amended by amending the Special Permit in the "RM-1/SP" Multifamily District with a Special Permit to increase density from 22 dwelling units per acre to 28 dwelling units per acre on the subject tract described as a 9.43 -acre tract out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit "A" and "B". The subject tract is located at or near 5409 Lipes Boulevard. Exhibits "A" and "B", which are the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. 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. 032694 SCANNED SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the - day of fah , 2022, by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez 4,4 Ben Molina krise Mike Pusley . -i e. Y Greg Smith That the foregoing ordinance was read for the second time and passed finally on this the a)r day of Mcuc\r\ 2022, by the following vote: Paulette M. Guajardo Roland Barrera _ Gil Hernandez Michael Hunter Billy Lerma John MartinezAlA Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the)� day of Karc,,0 , 2022. ATTEST: Rebecca Huerta City Secretary I EFFECTIVE DATE 1 Page 3 of 6 032 694 Paulette M. Guajardo Mayor Exhibit A Exhibit A 9.431 Acre Tract STATE, OF TEXAS COUNTY OF NUECES Job No. 12097.C1.02 November 3, 2021 Fieldnotes, for a 9.431 Acre, Zoning Tract, out of Lots 6, and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 9.431 Acre Tract being more fully described as follows: Beginning, at a 1/2 Inch Iron Rod Found, on the Southwest Right -of -Way line of Lipes Boulevard, a 60.00 Foot Wide Public Roadway, being the North comer of Lot 2, Block 2, Village at Henderson Subdivision, a map of which is recorded in Volume 69, Page 469, of said Map Records, for the East comer of this Tract and Point of Beginning; Thence, South 28°38'38" West, with the Northwest boundary line of the said Lot 2, the Southeast boundary of this Tract, a distance of 958.31 Feet, to a 1/2 Inch Iron Rod with a cap stamped "BCE, LTD RPLS 4540" Found, on the Northeast boundary line of Block 3, Graford Place Unit 3, a map of which is recorded in Volume 68, Page 144, of said Map Records, and for the South corner of this Tract; Thence, North 61°26'32" West, with the said Northeast boundary line of Block 3, a distance of 266.87 Feet, to a 5/8 Inch Iron Rod with plastic cap stamped "FRONTIER 10082900" Found for the South corner of Lot 1, Block 1 Avanti Legacy Bayside, a map of which is recorded in Volume 69, Page 469, of said Map Records and for the West comer of this Tract; Thence, North 28°35'22" East, with the Southeast boundary line of the said Lot 1, Block 1, a distance of 502.19 Feet, to a 5/8 Inch Iron Rod with plastic cap stamped "FRONTIER 10082900" Found, for the East corner of the said Lot 1, Block 1, for an inner ell corner of this Tract; Thence, North 61°24'38" West, with the Northeast boundary line of said Lot 1, a distance of 362.84 Feet, to a 5/8 Inch Iron Rod with plastic cap stamped "FRONTIER 10082900" Found, for an outter ell corner of the said Lot 1 and for a West comer of this Tract; Thence, North 28°35'22" East, continuing with the Southeast boundary line of said Lot 1, a distance of 416.44 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the said Right - of -Way line of Lipes Boulevard, for a comer of this Tract; Thence, South 61°23'52" East, with the said Southwest Right -of -Way line, a distance of 116.71 Feet, to a 5/8 Inch Iron Rod with a cap stamped "Bass and Welsh" Found, for a corner of this Tract and the beginning of a circular curve to the Left, having a Delta of 11°31'54", a Radius of 623.94 Feet, an Arc Length of 125.58 Feet, and a Chord which bears South 67°09'56" East, 125.37 Feet; Thence, with said circular curve to the Left, a distance of 125.58 Feet, to a 5/8 Inch Iron Rod with a cap stamped "Bass and Welsh" Found, for a corner of this Tract; Thence, South 73°00'30" East, continuing with the said Southwest Right -of -Way line, a distance of 99.87 Feet, to a 5/8 Inch Iron Rod with a cap stamped "Bass and Welsh" Found, for a comer of this Tract and the beginning of a circular curve to the Right, having a Delta of 11°32'53", a Radius of 365.96 Feet, an Arc Length of 73.76 Feet, and a Chord which bears South 67°02'09" East, 73.64 Feet; S:\Surveying\12097\C102E\OFFICE\METES AND BOUNDS\12097C102E_202101027.docx Page I of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Page 4 of 6 FAX (361)854-6001 Thence, with said circular curve to the Right, a distance of 73.76 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, for a corner of this Tract; Thence, South 61°24'20" East, continuing with the said Southwest Right -of -Way line, a distance of 218.07 Feet, to the Point of Beginning, and containing 9.431 Acres (410,796 Sq. Ft) of land, more or Less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this tieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. 0.6449 Acre Tract is located within the City limits of Corpus Christi, Texas and a subdivision based on this sketch/description may be in violation of the current City of Corpus Christi subdivision ordinance. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING Dan L. Urban, R.P.L.S. License No. 4710 S:\Surveying\12097\C102E\OFFICE\METES AND BOUNDS\12097C102E_202101027.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Page 5 of 6 FAX (361)854-6001 Exhibit B R Lipes Boulevard _ —� eo• 11.0.114C2 1.1 C1 T "Point of Beginning" J— S61'24'20"E 218,07' 25'boinage Easement (Doc. 801740. D.P.R.N.O.T. R 20'Y.R. CURVE DELTA ANGLE RADIUS C1 11'31'54" 623.94' ARC LENGTH 125.58' CHORD BARING S67'09'56 E CHORD LENGTH 125.37' C2 11'32'53' 365.96' 73.76' S6T02'09 E 73.64' ],INE L1 BEARING 96123 52"E DISTANCE 116.71' L2 S73'00'30"E 99.87' Legend: o 5/8 Inch Iron Rod with red plostic cop stamped " URBAN ENGR CCTX" Set 01/2 Inch Iron Rod With cap stomped "BCE, LTD RPLS 4540" Found •1/2 Inch Iron Rod Found 0 5/8 Inch Iron Rod with plastic cap stomped "BASS AND WELSH ENGR" Found A 5/8 Inch Iron Rod with red plastic cap stamped " FRONTIER 10082900" Found 9.431 Acres 410,7960 N61'24'38"W 362.84' Lot 1, Block 1 Avonti Legacy Bayside Vol. 69, Pg. 469 Map Records of Nueces County, Texas Exhibit B Sketch to Accompany FIELDNOTES for a 9.431 Acre, Zoning Tract, out of Lots 6, and 7, Section 6, Flour Bluff and Encina) Form and Gordan Tracts, a map of which ie recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas. M 2.5 -Electrical Easement (Doe. No.. 1998018401. 0.P.R.N.C.r.) 20 21 22 23 N61�26'32"W 266.87' 24 ( 25 1 26 27 Block 3 Graford Place Unit 3 Vol. 68, Pg. 144 E Map Records of Nueces Coun y, Texas 51/.E1____ 28 25'Y.R. 29 30 Graford Place General Notes. 9.431 Acre Tract is located within the City 100116 of Corpus Christi, Texas and a subdivision based an this sketch/description may be in violation of the current City of Carpus Christi subdivision ordinance. igENGINEERING URBAN 11111“110. !WU. 1.1041 MIA MUM DATE: Nov. 5, 2021 SCALE: 1"=100' JOB NO.: 12097.C1.02 SHEET: 1 of 2 DRAWN BY: XG urbansurveyl Curbaneng.cam 02021 by Urban Engineering Page 6 of 6 Caller Times PART OF THE USA TODAY NETWORK Certificate of Publication NOTICE OF PASSAGE OF ORDINANCE(S) CITY OF CORPUS CHRIS TI -SECRETARY NO. 032692, Ordinance rezoning property at or PO BOX 9277 near 6636 Yorktown Boule- vard from the "FR" Farm Rural District to the "RM- CORPUS CHRISTI,TX 78401 2" Multifamily District. NO. 032693, Ordinance rezoning property at or near 3402 Rodd Field Road from the "RS-6"Single- STATE OF WISCONSIN) Family 6 District to "RS- )) 6/SP" Single-Family 6 District with a Special Per- COUNTY OF BROWN) mit. NO. 032694, Ordinance rezoning property at or I,being first duly sworn,upon oath depose and say that I near 5409 Lipes Boulevard am a legal clerk and employee of the publisher,namely,the by amending the Special Permit in the "RM-1/SP" Corpus Christi Caller-Times,a daily newspaper published Multifamily District with a at Corpus Christi in said City and State,generally circulated Special Permit to increase density on 9.43 acres from in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, 22 dwelling units per acre Kleberg,Live Oak, Nueces, Refugio,and San Patricio, to 28 dwelling units per acre. These ordinances Counties,and that the publication of which the annexed is a were passed and approved true copy,was inserted in the Corpus Christi Caller-Times on second reading by the Corpus Christi City Council in the following issue(s)dated: on March 22,2022. /s/Rebecca Huerta City Secretary 03/28/2022 On this March 28,2022, I certify that the attached document is a true and exact copy made by the publisher: egal Notice Not lic, State of Wisconsin, County of Brown /�7 Notary Expires SAPAH BERTELSEN Publication Cost: $165.05 Notary Public Ad No:0005189938 State of Wisconsin Customer No: 1490432 PO#: 032692 #of Affidavits) This is not an invoice