HomeMy WebLinkAbout031359 ORD - 02/13/2018 Ordinance amending the Unified Development Code ("UDC"), upon
application by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors
and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map
in reference to the property described as Koolside, Block 6, Lots 24
and 25 less portion to right-of-way and Lot 26, from the "ON"
Neighborhood Office District and the "CN-1" Neighborhood
Commercial 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 Alrich Enterprises Inc., D/B/A
Richard Sanchez Motors and Ben L. Herndon, Jr. ("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, a public hearing was held on
Wednesday, November 15, 2017, during a meeting of the Planning Commission. The
Planning Commission recommended denial of the change of zoning from the "ON"
Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the
"CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP"
Neighborhood Commercial District with a Special Permit(SP)with conditions, and
----------------------en-Tuesday, January 30, 2018, during a meeting of the City Council, during which all
interested persons were allowed to appear and be heard; and
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 made by Alrich Enterprises Inc., D/B/A Richard Sanchez
Motors and Ben L. Herndon, Jr("Owner'), the Unified Development Code ("UDC") of the
City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property
described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26,
located at the intersection of Airline Road and Gollihar Road, north of McArdle Road
---------------and-south of South Alameda Street (the "Property"), from the"ON" Neighborhood Office
District and the "CN-1" Neighborhood Commercial District to the "CN-1/SP"
Neighborhood Commercial District with a Special Permit (Zoning Map No. 042037), as
shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and
incorporated in this ordinance by reference as if fully set out herein in its entirety.
SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the
Owner following the conditions listed below:
031359
INDEXED
1. Uses: The only uses authorized by this Special Permit other than uses permitted by
right in the base zoning district is "Vehicle Sales" as described per the Unified
Development Code (UDC). No on-site repair work of any type may be performed.
2. Auto Sales: The auto sales use is limited to no more than twenty-five (25) vehicles
for sale at one time.
3. Lighting: All security lighting must be shielded and directed away from abutting
residences and nearby streets. Cut-off shields are required for all lighting. No light
projection is permitted beyond the property line near all public roadways and
residential development.
4. Speakers: Outside paging, speakers, telephone bells, or similar devices are
prohibited.
5. Screening Fence: A standard screening fence with a height of not less than six
(6)feet must be located and/or maintained along any property line shared with a
residential use. The fence must be installed before a certificate of occupancy is
issued.
6. Hours of Operation: The automobiles sales use may only operate between the
hours of 8:00 a.m. and 8:00 p.m.
7. Landscaping: Landscaping must be provided in accordance with the vehicular use
area requirements of the UDC. All landscape material must be kept in a healthy and
growing condition at all times. All landscape material must be installed before a
certificate of occupancy is issued.
8. Signage: No signs are to be installed on Dorthy Street except for the purposes of
emergency or directional information.
9. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a
public street and must occur on-site. No parking is allowed at any time on Dorthy
Street.
10.Access: Access to or from Dorthy Street is prohibited.
11.Dumpster Screening: Any dumpster located on the Property shall be effectively
--screened from view by means of a screening fence or landscaping.
12.Other Requirements: The Special Permit conditions listed herein do not preclude
compliance with other applicable UDC, and Building and Fire Code Requirements.
13.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
K:DevebpmenISvosVSHARED\ZONING CASES\201710717-01 AInch Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon.JnCouncil
Documents\Ordinance 0717-01 Special Permit Alnch Enterprises,DBA Richard Sanchez Motors&Ben L.He(Mon.docx
Page 2 of 4
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.
K\DevelcpmenISvcsISHAREDIZONING CASES @017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr1Council
Documents Ordinance0717-01_Special PermitAIncb Enterprises.OBA Richard Sanchez Motors&Ben L.
Herndon docx Page 3 of 4
That the foregoing cgclitmce was ead for the first time and passed to its second
reading on this the day of tin,(-(4.1,6-7.)18, by the following vote:
Joe McComb L.. 1 Ben Molina 1..,,
Rudy Garza 0 d ' Lucy Rubio fel=
Paulette Guajardo K2 , f Greg Smith 41 I
Michael Hunter ta I
Carolyn VaughnC a
Debbie Lindsey-Opel
That the force oing ord'Once was read for the second time and passed finally on this
the 13 day of : vJ ,a.42 018, by the following vote:
Joe McComb A/ 1 Ben Molina _
I
Rudy Garza i - Lucy Rubio !A
Paulette Guajardo
1 ) li, ' / Greg Smith
Michael HunterId �,
Carolyn Vaughn 1`J
1/
Debbie Lindsey-Opel �.A
PASSED AND APPROVED on this the I day of LOVA ' 2018.
ATTEST: •
1-- - 4 / 1 ' -- El . , e .:_ A ta i44/ '
Rebecca Huerta Jo f cComb
pity Secretary M. ar
EFFECTIVEDMENIWG CASES1201710717-01 Ainch Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Hemdon,Jr1Council
Docuents\Ordi nce 0717-01_Spesial Permit_Alrich Enterprises,DBA Richard Sanchez Motors&Ben L.Herndon.docx
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ZONING & NOTICE AREA
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CR-1 Resort Commercial RS-15 Single-Family 15 412
CR-2 Resort Commercial RE Residential Estate 44j- r'0.4
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Exhibit A
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 1879167
PO #
Before me. the undersigned, a Notary Public, this day personally came CSL La U'Scy? -who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATI VEAND
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 Patricia 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 01/07/18 Sun
CC-Internet - callercom 01/07/18 Sun
LEGAL SALES REPRESENTATIVE
dh On this It day of �q nuaJ--4 , 20 I Q I certify that the attached document is a true
and exact copy made by p'blisher.
`,- SYLVIAP PEfl'cZ
N y ublic. Stat Texa
-F"` A 14 My NctarylOk 126819019
Expires February 27,2021
1
CALLER.COM I SUNDAY, JANUARY 7, 2018 I 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 January 23,2018
during a regular Council
meeting which commences
at 11:30 a.m. in the Council
Chambers, City Hall, 1201
Leopard Street, to consider
the following zoning appli-
cation(s) 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.0717-01 Alrich Enter-
prises Inc., DBA Richard
Sanchez Motors and Ben
L. Herndon, Jr: From the
"ON" Neighborhood Office
District and the "CN-1"
Neighborhood Commercial
District to the "CG-2" Gen-
eral Commercial District.
The property is described
as being Koolside, Block 6,
Lots 24 and 25 less portion
to right-of-way and Lot 26,
located at the intersection
of Airline Road and Gollihar
Road,north of McArdle Road
and south of South Alameda
Street.
/s/Rebecca Huerta
City Secretary
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 1928278
PO #
Before me, the undersigned, a Notary Public,this day personally came 6 . who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATI VE 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, Refugia,and San Patricia, 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 02/19/18 Mon
CC-Internet - caller.com 02/19/18 Mon
LEGAL SALES REPRESENTATIVE
�h
On this t� day ofFebr uQ 0-6 . 20 I I certify that the attached document is a true
and exact copy made by publisher. Y/9'4--J0'
rYLV!AP PEREZ Notary pLcc,`State ofTexas
N M1 2,�y ID 126819013
_f�_n:: E;pr February 2I,2921
CALLER.COM 1 MONDAY, FEBRUARY 19, 2018 I 9B
NOTICE OF PASSAGE OF ORDI-
NANCE(S)
NO. 031359, Ordinance
amending the Unified Devel-
opment Code("UDC"),upon
application by Alrich Enter-
prises Inc., D/B/A Richard
Sanchez Motors and Ben
L. Herndon, Jr. ("Owner"),
by changing the UDC Zon-
ing Map in reference to the
property described as 1(001-
side, Block 6, Lots 24 and
25 less portion to right-of-
way and Lot 26, from the
"ON" Neighborhood Office
District and the "CN-1"
Neighborhood Commercial
District to the "CN-1/SP"
Neighborhood Commercial
District with a Special Per-
mit; amending the Compre-
hensive Plan to account for
any deviations; and provid-
ing for a repealer clause and
publication. This ordinance
was passed and approved
on second reading by the
Corpus Christi City Council
on February 13 2018.
/s/Rebecca Huerta
City Secretary