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Home My WebLink About033193 ORD - 10/17/2023Zoning Case No. 0723-05, Circle K Stores, Inc. (District 1). Ordinance rezoning property at or near 11102 Up River Road from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial 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 0.62 acres out of Lot 2, Block 2, Noakes Partition, as described/shown in Exhibit "A": the "RS -6" Residential Single -Family 6 District to the "CG -2" General Commercial District. The subject property is located at or near 11102 Up River Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map, is 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. 033193 SCANNED 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. 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. Introduced and voted on the JCP day of C4-0 , 2023. PASSED and APPROVED on the i1 day of OCAt , 2023. ATTES : Paulette Guajardo, Mayor Rebecca Huerta, City Secretary EFFECTIVE DATE -144 Page 2 of 4 033193 Exhibit A LEGAL DESCRIPTION BEING a 0.624 acre tract of land out of the Fred Steubing Survey, Abstract No. 808, situated in the City of Corpus Christi, Nueces County, Texas, being a portion of Lot 2, Block 2 of Noakes Partition, a subdivision of record in Volume 36, Page 16 of the Plat Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows: COMMECING at a 1/2 inch iron rod found in the North right-of-way line of Up River Road (variable width right-of-way), being the Southwest comer of said Lot 2, Block 2, and being the Southeast corner of Lot 2, Block 3 of Noakes Partition, a subdivision of record in Volume 62, Page 50 of said Plat Records, from which an aluminum TxDOT monument found at the Southwest comer of Lot 3 of said Block 3 bears N61°16'49"W, a distance of 274.62 feet, THENCE, N27°36'02"E, leaving the North right-of-way line of Up River Road, along the West line of said Lot 2, Block 2, being the common East line of said Lot 2, Block 3, a distance of 315.01 feet to the POINT OF BEGINNING, being the Northeast comer of said Lot 2, Block 3, and being an exterior ell comer in the East line of a called 22.125 acre tract of land conveyed to Rick's Homes, LLC by deed of record in Document Number 2019011202 of the Official Records of Nueces County, Texas; THENCE, N27°36'02"E, continuing along the West line of said Lot 2, Block 2, being the common East line of said 22.125 acre tract, a distance of 154.29 feet to a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set; THENCE, S58°54'20"E, leaving the East line of said 22.125 acre tract, over and across said Lot 2, Block 2, a distance of 185.24 feet to a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set in the East line of said Lot 2, Block 2, being the common West line of a called 3.139 acre tract of land conveyed to Neal Ward by deed of record in Document Number 2021029432 of said Official Records, from which a 2 inch iron pipe found at an angle point in the East line of said Lot 2, Block 2 bears N31°05'26"E, a distance of 2,919.24 feet; THENCE, S31 °05'26"W, along the East line of said Lot 2, Block 2 and the common West line of said 3.139 acre tract, a distance 01146.71 feet to a point, from which an aluminum TxDOT monument found in the North right-of-way line of Up River Road, being the Southeast comer of Lot 1-R of said Block 2, and being the Southwest comer of a called Tract 2 - 1.01 acre tract of land conveyed to Circle K Stores Inc. by deed of record in Document Number 2015047900 of said Official Records, bears S31°05'26"W, a distance of 315.73 feet; THENCE, N61 °16'49'W, leaving the West line of said 3.139 acre tract, over and across said Lot 2, Block 2, a distance of 175.99 feet to the POINT OF BEGINNING, and containing an area of 0.624 acres (27,163 square feet) of land, more or less. This document was prepared under 22 Texas Administrative Code §138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Bearings are based on GPS observations utilizing the AIlTerra RTK Network: North American Datum of 1983 (Adjustment Realization 2011). PAGE I OF 2 EAGLE SURVEYING EAGLE SURVEYING, LLC 222 S. ELM STREET SUITE: 200 DENTON, TX 76201 (940) 222-3009 TX FIRM # 10194177 JOB NUMBER DRAWN BY DATE 2303.057-02 HSB 05/09/2023 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas ffflit Matthew Raabe R.P.L.S. # 6402 Page 3 of 4 FREfl STEVBING SURVEY ABSTRACT N0.808 LOT 3 BLOCK 3 NOAKES PARTITION VOL. 62, PG. 50 P.R.N.C.T. CALLED 22.125 ACRES RICK'S HOMES. LLC DOC. NO. 201901 1202 O.R.N.C.T. 2" IPF LOT 2 BLOCK 2 NOAKES PARTITION VOL. 36, PG. 16 ry� P.R.N.C.T. to S 6. 8 4. g2p•, A� F 0.624 ACRES 27,163 SO. FT. LOT 2 BLOCK 2 NOAKES PARTITION VOL. 36, PG. 16 P.R.N.C.T. LOT 2 7 4� BLOCK 3 NOAKES PARTITION VOL. 62, PG. 50 LOT 2 c, BLOCK 2 P.R.N.C.T. ^• NOAKES PARTITION 4i VOL. 36. PG. 16 P.R.N.C.T. CIRS 1, CO CALLED 3.139 ACRES NEAL WARD CIRS DOC. NO. 2021029432 O.R.N.C.T. 4/5 ALUMINUM TXDOT MONUMENT FOUND qt ARVs? ABSTRACT NO Ep17 1/2" IRF op POC �gRYit. Ricy o` OqO �qry LOT I -R BLOCK 2 NOAKES PARTITION VOL. 36. PG. 16 P.R.N.C.T. NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK Network: North American Datum of 1983 (Adjustment Realization 2011). PAGE 2 OF 2 ALUMINUM TXDOT MONUMENT FOUND EAGLE SURVEYING EAGLE SURVEYING, LLC 222 S. ELM STREET SUITE: 200 DENTON, TX 76201 (940) 222-3009 TX FIRM # 10194177 JOB NUMBER DRAWN BY DATE 2303.057-02 HSB 05/09/2023 TRACT 2 CALLED 1.01 ACRES CIRCLE K STORIES INC. DOC. NO. 2015047900 O.R.N.C.T. 1"=100' 050 100 TRACT 1 CALLED 7,701 SOUARE FEET CIRCLE K STORIES INC. DOC. NO. 2015047900 O.R.N.C.T. LEGEND O BOUNDARY MONUMENTATION IRF IRON ROD FOUND IPF IRON PIPE FOUND CIRS 1/2' CAPPED IRON ROD SET "EAGLE SURVEYING" POB POINT OF BEGINNING POC POINT OF COMMENCEMENT VOL. VOLUME PG. PAGE DOC. NO. DOCUMENT NUMBER O.R.N.C.T. OFFICIAL RECORDS, NUECES COUNTY, TEXAS P.R.N.C.T. PLAT RECORDS. NUECES COUNTY, TEXAS SURVEY ABSTRACT LINE Page 4 of 4 • Caller T 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 Notice is hereby given that the Corpus Christi City Council PO BOX 9277 will conduct a public hearing on October 10, 2023, during a regular Council meeting which commences at 11:30 a.m. in Room 210 at the CCRTA Staples Street Center, 602 N. Sta- CORPUS CHRISTI,TX 78401 pies St.,. 2nd Floor Board Room, Corpus Christi, Texas 78401, to consider the following zoning application(s) which are on file in Department of Development Services. At said time & place of hearing, persons & parties interested may appear before the City Council: STATE OF WISCONSIN) Case No. 0723-05, Circle K Store (District 1). Ordinance )) rezoning property at or near 11102 Up River Road from the "RS-6" Single-Family 6 District to the "CG-2" General COUNTY OF BROWN) Commercial District. Providing for a penalty not to exceed $2,000 and publication. Case No. 0823-01, Sharky Transportation (District 1). Ordi- I,being first duly sworn,upon oath depose and say that I nonce rezoning a property at or near 4757 Sharpsburg Rood am a legal clerk and employee of the publisher,namely,the from the"IL" Light Industrial District to the"IL/SP" Light Industrial District with a Special Permit; Providing for a Corpus Christi Caller-Times,a daily newspaper published penalty not to exceed$2,000 and publication. Case No. 0823-02, Thanksgiving Homes, (District 1). Ordi- at Corpus Christi in said City and State,generally circulated nance rezoning a property at or near 650 Osage Street from in Aransas,Bee,Brooks,Duval,Jim Hogg,Jim Wells, the "RS-6" Single-Family 6 District to the "RS-6/PUD" Kleberg,Live Oak,Nueces,Refugio,and San Patricio, Single-Family 6 District with a Planned Unit Development. Providing for a penalty not to exceed $2,000 and publica- Counties,and that the publication of which the annexed is a tion. true copy,was inserted in the Corpus Christi Caller-Times Ci Recre CityetaHuertaHuerta in the following issue(s)dated: 09/2412023 On this October 11,2023,I certify that the attached document is a true and exact copy made by the publisher: Ualljetti I, I Notice Clerk , Notary Public,State of Wisconsin,County of Brown �— f7( Notary Expires • Publication Cost:$296.00 KATHLEEN ALLEN Ad No:0005831333 Notary Public Customer No 1490432 State of Wisconsin PO#: PUBLIC HEARING #of Affidavits: f This is not an invoice . • Caller Times PART OF THE USA TODAY NETWORK Certificate of Publication NOTICE OF PASSAGE OF ORDINANCE(S) CITY OF CORPUS CHRIS TI -SECRETARY NO. 033193, Zoning Case No. 0723-05, Circle K Stores, PO BOX 9277 Inc. (District 1). Ordinance rezoning property at or near 11102 Up River Road CORPUS CHRISTI, TX 78401 from the "RS-6" Single- Family 6 District to the "CG-2" General Commercial District; Pro- viding for a penalty not to STATE OF WISCONSIN) exceed $2,000 and publico- )) tion. No. 033194, Zoning Case No. COUNTY OF BROWN) 0823-01, Sharky Transporta- tion Inc (District 1). Ordi- nance rezoning property at I, being first duly sworn, upon oath depose and say that I or near 4757 Sharpsburg am a legal clerk and employee of the publisher, namely,the Road from the "I L" Light Industrial District to the Corpus Christi Caller-Times,a daily newspaper published "IL/SP" Light Industrial at Corpus Christi in said City and State,generally circulated District with a Special Per- mit; providing for a penal- in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, ty not to exceed $2,000 and Kleberg, Live Oak, Nueces, Refugio,and San Patricio, publication. These ordinan- ces were passed and ap- Counties,and that the publication of which the annexed is a proved on second reading true copy,was inserted in the Corpus Christi Caller-Times by the Corpus Christi City Council on October 17, 2023. in the following issue(s)dated: /s/Rebecca Huerta City Secretary 10/23/2023 On this October 23, 2023, I certify that the attached document is a true and exact copy made by the publisher: Legal Notice lerk °Ali Notary Public, State of Wisconsi ounty of Brown q/m. d Notary Expires VICKY FELTY Notary Public Publication Cost:$160.20 Ad No:0005847444 State of Wisconsin Customer No: 1490432 PO#: NO.033193&033194 #of Affidavits1 This is not an invoice