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HomeMy WebLinkAbout031271 ORD - 10/17/2017 Ordinance amending the Unified Development Code ("UDC"), upon application by Bruce Callaway ("Owner"), by changing the UDC Zoning Map in reference to a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park, from the "RS-6" Single- Family 6 District to the "CN-1/SP" Neighborhood Commercial 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 Bruce Callaway ("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, May 3, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the"CN-1/SP" Neighborhood Commercial District with a Special Permit, and on Tuesday, October 10, 2017, 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 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 Bruce Callaway ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park, located along the south side of Gollihar Road at the intersection with Kasper Street, east of Carroll Lane, and west of Weber Road (the "Property"), from the "RS-6" Single-Family 6 District to "CN-1/SP" Neighborhood Commercial District with a Special Permit(Zoning Map No. 045038), as shown in Exhibits "A", "B", and "C", which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds, and Exhibit C which is a Site Plan for the Property are attached to and incorporated in this ordinance by reference as if fully set out herein in their entities. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Use: The only use allowed on the Property other than uses permitted in the base zoning districts is a mini-storage facility. 2. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. Activity within the mini-storage facility, except for routine employee activity, shall 031271 INDEXED cease after 10:00 PM. A gated entry and security monitors for the mini-storage facility are required to be installed, remain in place, and maintained. 3. Lighting: All security lighting must be shielded and directed away from abutting residences, athletic fields, parks, and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways, athletic fields, parks, and residential development. 4. Buffer Yard: A 15-foot wide buffer yard and 15 buffer yard points shall be required along the property boundaries adjacent to residential zoning districts. Canopy trees of 2.5-inch caliper shall be planted every 30 feet on center within the buffer yard. 5. Vehicular Access: No vehicular access to or from Kasper Street. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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, 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. N\DeveIpmenISvcslSHAREDRON NG CASES 201710317-03 Bruce CallawayACouncil DacumentslOklnance_0317-03 Special Permit Bruce Callawaydocx Page 2 of 3 That the foregoing of mance was re for the it t time and passed to its second reading on this the day of , 017, by the following vote: Joe McComb (If Ben Molina Rudy Garza / Lucy Rubio ` , Paulette Guajardo ,! Greg Smith J41 A I , Michael Hunter 1'! Carolyn Vaughn K. _i./ Debbie Lindsey-Opel 1 ,�° I That tqe f regoing ord' nce\was rea for the second time and passed finally on this the day of U 1 , 2017, by the following vote: Joe McComb o Ben Molina Ob&ir\-+ Rudy Garza ;t Lucy Rubio � . i Paulette Guajardo 1. I. Greg Smith .! Michael Hunter SAL! Carolyn Vaughn I I !I Debbie Lindsey-Opel I PASSED AND h dayCNOk6017.N APPROVED on this the of ATTEST: gitx&t.e.,ct:+6.,Le/v±-1\ WL (44g-vvt Rebecca Huerta Jo iii Comb City Secretary Ma, Sycs HARED NING CASES\2017\0317-03 Bruce Callaway\Council Documents\Ordinance_0317-03_Special Permit_Bruce EFF DATE Page 3 of 3 10 (23 1 11 31271 2 East 205 feet of Lot W.C.Lowery Park, March 22,2017 STATE OF TEXAS COUNTY OF NUECES FIELDNOTE DESCRIPTION of a 2.95 acre tract of land being the Easterly 205 feet of Lot Two(2),W.C. Lowery Park,a Subdivision of Corpus Christi,Nueces County,Texas as shown by map recorded in Volume 35,Page 51 of the Map Records of Nueces County, Texas;said 2.95 acre tract of land being more particularly described by metes and bounds as follows: Commencing: At a 5/8" iron rod set in the Southerly right-of-way line of Gollihar Road for the Northeast corner of said Lot 2, W. C. Lowery Park for the POINT OF BEGINNING, the Northeast corner of this 2.95 acre tract of land; whence a 5/8" iron rod found for the Northwesterly corner of said Lot 2, W.C Lowery Park,being the intersection of the South right-of-way line of Gollihar Road and the East right-of-way line of Kasper Street,bears N 61° 47'00"W,a distance of 436.72 feet; Thence: S 28° 17' 54"1V,with the Easterly line of said Lot 2,W.C. Lowery Park, a distance of 627.86 feet to a 5/8" iron rod set for the Northeast corner of Lot I and the Southeast corner of Lot 2, W. C. Lowery Park, for the Southeast corner of this 2.95 acre tract of land; Thence: N 61° 47' 00" W, with the common line of said Lots 1 and 2, W. C. Lowery Park, a distance of 205.00 feet to a 5/8" iron rod set for the Southwest corner of this 2.95 acre tract of land; Thence: N 28° 17' 54"E,across said Lot 2, W. C. Lowery Park,parallel with and 205 feet Westerly of the Easterly line of said Lot 2,a distance of 627.86 feet to 5/8" iron rod set on the Northerly line of said Lot 2 and the Southerly right-of-way line of Gollihar Road for the Northwest corner of this 2.95 acre tract of land; Thence: S 61° 47' 00" E, with the South right-of-way line of Gollihar Road and with the North line of Lot 2,W.C.Lowery Park.a distance of 205.00 feet to the POINT OF BEGINNING,containing 2.95 acre,more or less. Horatio Oliveira,RPLS# 1415y� �` 4• C • HORACIO OLIVEIRA •4x1415 ��•t,f 1-1.•.FESS�O�'O _ _— C011)IUR 0020 ---- - --._--- ' II 2 J JI m 7 H • uE1N001ST CNUIICNI it S 130. S 1 Ie i 4 1 29 G:. 1 27 'G / ¢ 1. . 1 27 -T- np �� Qyy r176 ee•a..3� �,' PARK 1 X125 . 3675908 I 3 5 ,Te`3 , 1 7.',58 11 e 1 2.. . !xl :,' • IMAMS DRIVE i0 i3 s-r: "' / • S`I 2 s . 5 5 7 5 910 C II I 1 LOT 1 e.o,4 A<. LOCATION MAP 1" - 400 27 to Irl: 2ou1517uiSu131211 Scotlo: II Vii. ! `` COI,LIffAR ROAD �„ :i ssr47' 00" E • 436.72. 00:x,: II • 23". .;5 re .Y.I • I! 1++ii LOT 30 -- °{ - lii ' I.0 COU CO 03 N N , ; !LOT 29 I° IN° I. 1 1 LOT 28 • i 1 L.._0T 27 'Citillthi.nigh a.5 LOT 2 LOT 1 Wham*19.Pp.5. "°"K"Y'' 3.338 Ac. 2.95 Ac. w•. N . 'Omni CO i LOT 2 1 !.OT 26 6.286 Ac. w : Whig,PAW I, Mu.t•/y Nikon.,35.P•9.5, ���• KwY.. ♦/' Cal 7: .Ca.*,1.,.• If) ROIL LTM LAT 7.W.G IMMItt PARK 1 ionsire rLL MLA LOT 25 • !NO SiROnu"L5 m YtO D 011.000 ''`.LAYyy011 to 5..000100 0'K59..5 N0P53. I ILOT 2 4 W w } N y Ni N d N ID n OT) 05 05 11 z z til t) 5,..: .U'l / `W • I1 C'; N 61• 47' 00" W ,, 436.44' \ ( " i,. 5/e' a/e' .Lw O1 1 6.074 Ac. • iI IP 5Auea:suvOKINO O1 IMS I"SPnn5 008 5 LONE C(5801 M N..Y4l 801 00it. AS PGI 11K s..tNAI*NAIL9905 M 8..055 PAOCRAN C.P OL �1 \ COYYUM t Nw 0! PANEL W.OT4,1111Ttl C.114VMC 1 AN urtalvL OW a Ant 1e.roes. SCALE: I" '- 6 DALE: Dec. 28, 2015 DWG FILE: CEN PARK 3 I sA- 60' 0' 60' 120' : 1i yW II LOT I And LOT 2, LUKE TRACT I' 11 BEING A REPLAT OF LOT 2. W. C. LOWERY PARK. GRAPHIC SCALE I 11, ,�_ A5 GNOWII to NAP RECORDED IN VOLUME 35. PAGE 51. I` – bD i L..i 2'e MAP RECORDS. NUECES COUNTY. TEXAS 1; PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 1761977 PO# La ^ Before me,the undersigned, a Notary Public, this day personally came C 11-1 (U-1 S , 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 09/24/17 Sun CC-Internet - caller.com 09/24/17 Sun le T�,t,,' LEGAL SALES REPRESENTATIVE +_ On this °kW" day of '{�T P4'1'Ibeir , 20 1/ I certify that the attached document is a true and exact copy made by pub isher. ./J� £ Ste of Texas u 4p3A\ SYLVIAP PEHEZ b My °"'" 21011 79013 Its: Expires Febrw717. Caller-Times Sunday,September 24,2017 9E 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 October 10,2017 during a regular Council meeting which commences at 11:30 a.m. in the Council Chambers, City Hall, 1201 Leopard Street, to con- sider the following zoning applications 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. 0317-03 Bruce Cal- laway: From the "RS-6" Single-Family 6 District to "CG-2" General Commer- cial District. The property is described as a 2.95 acre tract of land being the East- erly 205 feet of Lot Two(2), W. C. Lowery Park, a Sub- division of Corpus Chris- ti, Nueces County, Texas, located along the south side of Gollihar Road east of the intersection with Kasper Street, east of Carroll Lane, and west of Weber Road. Case No. 0617-04 Gulfway Shopping Center: From the "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District. The property is described as being 27.20 acres out of Lot 5,Section 24 and Lots 21 and 28 Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard,east of Rodd Field Road,and west of Starry Road. Case No.0817-01 Plains Capi- tal Bank:From the"IL"Light Industrial District to the "CG-1" General Commer- cial District. The property is described as Wooldridgep Creek Center, Block 4, Lot 1D,located on the west side of Patton Street, south of Holly Road, and north of Wooldridge Road. /s/Rebecca Huerta City Secretary PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 1795877 PO ti Before me,the undersigned, a Notary Public, this day personally came (,.li. L O[J JO/7 , 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 10/23/17 Mon CC-Internet - caller.com 10/23/17 Mon A.},,,„ LEGAL SALES REPRESENTATIVE On this AS day of0 -ULAy-L.I_. , 20 (7 I certify that the attached document is a true and exact copy made by publisher. kNot ea y Public, State of Texas ii.),.... ?, 3_„,,,i tiw. •. A BVLVIAP PEREZ sl r1 My Notary ID#126819013 r Expires February 21,2021 Caller-Times Monday, October 23,2017 9B Legals • NOTICE OF PASSAGE OF ORDINANCE(S) NO.031270,Ordinance amend- ing the Unified Development Code ("UDC"), upon appli- cation by Gulfway Shopping Center("Owner"),by chang- ing the UDC Zoning Map in reference to 27.20 acres out of Lot 5,Section 24 and Lots 21 and 28, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District; NO. 031271, Ordinance amending the Unified Devel- opment Code("UDC"),upon application by Bruce Calla- way("Owner"),by changing the UDC Zoning Map in ref- erence to a 2.95 acre tract- of land being the Easterly 205 feet of Lot Two(2),W.C. Lowery Park, from the "RS- 6" Single-Family 6 District to the "CN-1/SP" Neighbor- hood Commercial District with a Special Permit; NO. 031272, Ordinance amending the Unified Devel- opment Code("UDC"), upon application by Plains Capital Bank ("Owner"), by chang- ing the UDC Zoning Map in reference to Wooldridge Creek Center,Block 4,Lot 1D, from the"IL"Light Industrial District to the "CG-1" Gen- eral Commercial District; 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 October 17,2017. /s/Rebecca Huerta City Secretary