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HomeMy WebLinkAbout033137 ORD - 08/29/2023Zoning Case No. 0523-01 WinnCo Investments, LLC (District 3). Ordinance rezoning property at or near 6302 Old Brownsville Road from the "FR" Farm Rural District to the "R -MH" Manufactured Home District; Providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff Recommend approval). 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 appear and 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 appear and 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") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being 79.42 acres out of Tracts 3 and 4, Kelly Margaret, Land Assessors Map 149, as described in Exhibit "A" and shown in Exhibit "B": From the "FR" Farm Rural District to the "R -MH" Manufactured Home District. The subject property is located at or near 6302 Old Brownsville Road. Exhibit A, a metes and bounds description, and Exhibit "B", an associated map, are 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 033137 SCANNED City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. 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 by a fine not to exceed $2,000.00 for each offense; 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 n the o�) day of Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter , 2023, by the following vote: Jim Klein Mike Pusley Everett Roy Dan Suckley That the foregoing ordinance was read for the second time and passed finally on this the VAN day of , 2023, by the following vote: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter PASSED AND APPROVED on this the g-y*day of ATTEST: Rebecca Huerta City Secretary EFFECTIVE DATE Jim Klein 4 -1R - Mike Pusley Everett Roy Dan Suckley /A , 2023. Page 3 of 6 033137 aulette Guajardo Mayor EXHIBIT A STATE OF TEXAS COUNTY OF NUECES EXHIBIT Field notes of a 74.942 acre tract, for rezoning purpose only, being out of a 95.361 acre tract described in a deed recorded in Document No. 2022054513, Official Records Nueces County, Texas. Said 95.361 acre tract being out of Tracts 3 & 4 of the "Margaret Kelly Land" as shown on the plat recorded in Volume 8, Page 40, Map Records Nueces County, Texas. Said 74.942 acre tract being more particularly described as follows: COMMENCING at a 5/8" re -bar found in the north right of way of Farm to Market 665 (a.k.a. Old Brownsville Road), for the southeast comer of the Michael McDonough 14.89 acre tract described in a deed recorded in Document No. 2004027432, Deed Records Nueces County, Texas, and for the southwest corner of said 95.361 acres tract, from WHENCE a bent 5/8" re - bar found in the north right of way of Farm to Market 665, and for the southwest corner of the Dan McDonough 15.62 acre tract described in a deed recorded in Document No. 2004027430, Deed Records Nueces County, Texas, bears South 69°12'03" West, at a distance of approximately 430 feet pass the intersection of the north right of way of Farm to Market 665, and the center of Farm to Market 357 (a.k.a. Saratoga Boulevard), and in all a total distance of 2,526.28 feet; THENCE with the common line of the north right of way of Farm to Market 665 and said 95.361 acre tract, North 69°05'56" East, a distance of 356.62 feet to a 5/8" re -bar set for an outside corner of said 95.361 acre tract and for the point of curvature of a curve to the left with a radius of 3,731.42 feet, THENCE with the common curve of said 95.361 acre tract and the north right of way of Farm to Market 665 a chord bearing, North 67°16'45" East, a chord distance of 237.27 feet, and a total curve distance of 237.37 feet to a point in the common curve of said 95.361 acre tract and the north right of way of Farm to Market 665, for the southwest corner of this exhibit, and for the POINT of BEGININNG. THENCE North 44°57'38" West, a distance of 810.16 feet to a point in the common line of the Michael McDonough 14.89 acre tract described in a deed recorded in Document No. 2004027432, Deed Records Nueces County, Texas and of said 95.361 acre tract, and for an outside corner of this exhibit. THENCE with the common line of said 14.89 acre tract, said 95.361 acre tract, and this exhibit, North 01°28'48" West, a distance of 102.31 feet to a 5/8" re -bar set for the northeast comer of said 14.89 acre tract and for a common inside comer of said 95.361 acre tract and this exhibit. THENCE with the common line of said 14.89 acre tract, said 95,361 acre tract, and this exhibit, South 88°33'58" West, a distance of 97.09 feet to a point in the common line of said 14.89 acre tract and said 95.361 acre tract, and for an outside corner of this exhibit, from WHENCE a 5/8" re -bar set for the upper southwest corner of said 95.361 acre tract bears, South 88°33'58" West, a distance of 1,124,20 feet. THENCE North 44°57'38" West, a distance of 750.84 feet to a point for an outside corner of this exhibit. THENCE North 44°06'43" West, a distance of 885.34 feet to a point in the common line of said 95.361 acre tract and of the Blue Cactus Properties, LLC 61.35 acre tract described in a deed recorded in Document No. 2018047250, Deed Records of Nueces County, Texas, and for an outside corner of this exhibit. THENCE with the common line of said 61.35 acre tract, said 95.361 acre tract, and this exhibit, North 01°06'02" West, a distance of 1,246.81 feet to a 5/8" re -bar set in the south line of the City of Corpus Christi 71.64 acre tract described in a deed recorded in Document No. 2000007660, Deed Records Nueces County, Texas, for the northeast corner of the Katherine Cecelia Demott 91.33 acre tract out of Tracts 3 & 4, of said "Margaret Kelly Land", and for the common northwest corner of said 95.361 acre tract and this exhibit. THENCE with the common line of said 71.64 acre tract, said 95.361 acrc tract, and this exhibit, North 88°33'32" East, a distance of 297.53 feet to a 5/8" re -bar set in the south line of said City of Corpus Christi 71.64 acre tract, for the northwest corner of the Sheila Clare B. Amen 94.65 acre tract described in a deed recorded in Document No. 2007050708, Deed Records Nueces County, Texas, and for the common northeast comer of said 95.361 acre tract and this exhibit. Page 4of6 THENCE with the common line of said 94.65 acre tract, said 95.361 acre tract, and this exhibit, South 42°27'26" East, a distance of 3,501.64 feet to a 5/8" re -bar found in the north right of way of Farm to Market 665, for the point of curvature of a curve to the right with a radius of 3,731.42 feet, for the southwest corner of said Amen 94.65 acre tract, and for the common southeast corner of said 95.361 acre tract and this exhibit. THENCE with the common curve to the right of the north right of way of Farm to Market 665, of said 95.361 acre tract, and this exhibit, a chord bearing, South 58°01'53" West, a chord distance of 964.52 feet and a total curve distance of 967.22 feet to the POINT of BEGINNING of this exhibit, and containing 74.942 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) Set 5/8" re -bar = steel re -bar set with yellow plastic cap labeled Brister Surveying. 3.) This exhibit is for rezoning purpose only. 1, Ronald E. Brister do hereby certify that this exhibit of the property legally described herein was made on the ground this day September 21, 2022 and is correct to the best of my knowledge and belief. 1,10 Ronal cj E. Brister, RPLS No. 5407 Date: June 12, 2023. Job No. 231241 - D Page 5 of 6 City of Corpus Christi Esri, HERE r. 1 mlr13[AnrhlT LOCATION MA3 P1 EXHIBIT B CASE: 0523-01 SUBJECT PROPERTY WITH ZONING 0 Subject Properly A-1 Apartment House District 1-1 Limited Industual District A-14 Apartment House Dislri8 1-2 Light Industrial District A-2 Apartment House District 1-3 Heavy Industrial District AB Professional Office District PUD Planned Unit Development AT Apartment-Toun6Distnct R -IA One Family Dwelling District B -I Neighborhood Business Di4td R-18 One Family Dwelling Distract 8 -IA Neighborhood Business Distdd R -IC One Family Dwelling District 8-2 Bayfront Bu sin ess District R-2 Multiple Dwelling Oisinct 8-2A Barrier Island Business Dislnd RA One Family Dwelling Distct 13-3 Business Disbict RE Residential Estate District 8-4 General Business Distract R-TH Townhouse Dwelling District 6-5 Primary Business District SP Special Permt BB Primary Business Core District T -1A Travel Trailer Park 0istnct BD Corpus Christi Beach Design Dist. T -IB Manufactured Horne Park Oistnct F -R Farm Rural District T -1C Manufactured Horre Subdivision HC Historical -Cultural Landmark Dishict Preservation Page 6 of 6 , . .. Ca lier Times PART OF THE USA TODAY NETWORK Certificate of Publication NOTICE OF PUBLIC HEARING TO CONSIDER RE- ZONING CITY OF CORPUS CHRIS TI -SECRETARY APPLICATION(S) IN THE CITY OF CORPUS CHRISTI PO BOX 9277 Notice is hereby given that the Corpus Christi City Council will conduct a public hearing on August 22, 2023, during a regular Council meeting which commences at 11:30 a.m. in CORPUS CHRISTI, TX 78401 the Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) which are on file in De- partment of Development Services. At said time & place of hearing, persons & parties interested may appear before the City Council: STATE OF WISCONSIN) Case No. 0523-01 WinnCo Investments, LLC (District 3): )) Ordinance rezoning property at or near 6302 Old Browns- ville Road from the "FR" Farm Rural District to the R- COUNTY OF BROWN) MH Manufactured Home District; Providing for a penalty not to exceed$2,000 and publication. Case No. 0623-01, MPM Development, LP, Corpus Christi I, being first duly sworn, upon oath depose and say that I Independent School District, and the City of Corpus Christi am a legal clerk and employee of the publisher, namely, the (District 5): Ordinance rezoning property at or near 8101 Yorktown Boulevard from the "FR" Farm Rural District Corpus Christi Caller-Times, a daily newspaper published and the "RE" Residential Estate District to the "RS-4.5" at Corpus Christi in said City and State, generally circulated Single-Family 4.5 District, the "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial in Aransas, Bee, Brooks, Duval, Jim Hogg,Jim Wells, District. Providing for a penalty not to exceed $2,000 and Kleberg, Live Oak, Nueces, Refugio, and San Patricio, publication. Case No. 0623-02, Ron & Vanessa, LLC III, and TRR Devel- Counties, and that the publication of which the annexed is a opment LLC (District 4): Ordinance rezoning property at true copy,was inserted in the Corpus Christi Caller-Times or near 15821 South Padre Island Drive from the CR-2/I0 Resort Commercial District with the Island Overlay to the in the following issue(s)dated: CR-2/1O/PUD Resort Commercial District with the Island Overlay and a Planned Unit Development; Providing for a penalty not to exceed$2,000 and publication. /s/ Rebecca Huerta City Secretary 08/06/2023 On this August 6, 2023, I certify that the attached document is a true and exact copy made by the publisher: aNt\\. ...Nr\ Legal Notice Clerk Notary ic, State o Wiscons , County of Brown an 1 k( Notary Expires I VICKY FELTY Publication Cost: $344.50 Notary Public Ad No: 0005789373 Customer No: 1490432 State of Wisconsin PO#: 08/22 meeting #of Affidavits 1 This is not an invoice CallerTires PART OF THE USA TODAY NETWORK Certificate of Publication NOTICE OF PASSAGE OF ORDINANCE(S) CITY OF CORPUS CHRIS TI -SECRETARY NO. 033136, Zoning Case No. 0623-02, Ron & Vanessa, PO BOX 9277 LLC III and TRR Develop- ment LLC (District 4). Or- dinance rezoning properties CORPUS CHRISTI, TX 78401 at or near 15821 and 15826 South Padre Island Drive and 15822 and 15826 Pal- mira Ave from the CR-2/IO Resort Commercial District STATE OF WISCONSIN) with the Island Overlay to )) the CR-2/10/PUD Resort Commercial District with COUNTY OF BROWN) the Island Overlay and a Planned Unit Develop- ment; Providing for a pen- I, being first duly sworn, upon oath depose and say that I alty not to exceed $2,000 am a legal clerk and employee of the publisher, namely, the and No. 033137,7pubon. Zoning Case No. Corpus Christi Caller-Times, a daily newspaper published 0523-01 WinnCo Invest- at Corpus Christi in said City and State,generally circulated mems, LLC (District 3). Ordinance rezoning proper- in Aransas, Bee, Brooks, Duval, Jim Hogg,Jim Wells, ty at or near 6302 Old Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Brownsville Road from the "FR" Farm Rural District Counties, and that the publication of which the annexed is a to the "R-MH" Manufac- true copy,was inserted in the Corpus Christi Caller-Times lured Home District; Pro- viding for a penalty not to in the following issue(s)dated: exceed $2,000 and publica- tion. No. 033138, Zoning Case No. 0623-01 MPM Development, Corpus Christi Independent School District, and the 09/03/2023 City of Corpus Christi (District 5). Ordinance rezoning property at or On this September 3, 2023, I certify that the attached near 8101 Yorktown Boule- varddocument is a true and exact copymade bythepublisher: from the "F an Farm Rural District and the RE" Residential Estate the°I .11° to the "RS-4..5 SingleFamily 4.5 District, the "CN-1" Neighborhood Commercial District, and the "CG-2" General Legal Notice Clerk Commercial District; Pro- viding for a penalty not to exceed $2,000 and publica- tion. These ordinances were passed and approved on second reading by the Notary Public, State of Wisconsin, County of Brown Corpus Christi City Council on<// v A 9,2023. 7; / Rebecca Huerta City Secretary Notary Expires KAITLYN FELTY Publication Cost: $286.30 Notary P u b l i c Ad No: 0005814662 State of Wisconsin Customer No: 1490432 PO#: Ordinances #of Affidavits1 This is not an invoice