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Home My WebLink About031655 ORD - 01/22/2019 Case No. 1118-01 Kyle McGee: Ordinance rezoning property at or near 6402 Holly Road from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Kyle McGee ("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 14, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit and on Tuesday, January 15, 2019, 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 Kyle McGee ("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 0.02 acres out of Lot 1A, Tract 1, Candlewood Annex, located on the north side of Holly Road, east of Airline Road, and west of Woodbend Drive (the"Property"), from "CG-2"General Commercial District to the"CG-2/SP" General Commercial District with a Special Permit (Zoning Map No. 042034), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. 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 permitted under this Special Permit, other than those permitted by right in the "CG-2" General Commercial District, is a wireless telecommunication facility of 120-feet in height. 2. Access: Access and placement shall be as per the site plan setback. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 031655 SCANNED 5. 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 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\1118-01 Kyle McGee\Council Documents\Ordinance_1118-01 Kyle McGee.docx Page 2 of 5 That the oregoing •rdinance was read for the first time and passed to its second reading on this the t ay of ,.k, ,&' , ' 19, by the following vote: Joe McComb (L,k, 1 Michael Hunter I Roland Barrera IF.: Ben Molina d 1 „: Rudy Garza Everett Roy 0= Paulette M. Guajardo Greg Smith ____4,_._ Gil Hernandez _012.z?f_ fR1 That th foregoing ordinance was read for the second time and passed finally on this the ZZ day of v te..k, 19, by the following vote: Joe McComb (J ! Michael Hunter Cy Roland Barrera I 4 Ben Molina ._ i! Rudy Garza 1.4. 1 Everett Roy 01 Paulette M. Guajardo 0 0 . Greg Smith ---(11° Gil Hernandez nd PASSED AND APPROVED on this the �Z day of ° . , 019. ATTEST: I Ili i,I_ R-•ecca Huerta J.- cComb City Secretary ayi r EFFECTIVE DATE 1 1 Z? i lC 11 .31615 Page 3 of 5 Exhibit A 30' x 30' LEASE AREA (AS—SURVEYED) A'sorban of the Kyle McGee end Lisa O. IfcGee tract as Tract 1 In Cand'e.oed Annex described ir'Wvme 3'. Poo!. 36 on recorded In Ow Records Office for Nuecee County. T.coe, situated in Cardeeooa toner in sdd County and being more particubrty descrbee as !oboes; 00WrENCING at a Sir rebr feted rnoldng the ,Saytheerd cora. or sold Tract 1 and an the Northerly '9hl-of-say Ura of Helly Road. Thence alo"q Ohs Westerly dna of said tract, N 2WIS'23" E a detonee of 286,25 feet to o point; Thence lowing sad Weals-ly iine, S 61'u'16"E a distance of 1909, fat to c set 6/8"rear and the POINT OF EIEON4N0,-Thence 5 81'44'16'E a detone. of 30.00 tad In o at 5/8" mbar; Thence 5 2f'IS'4e'W a distance of 30.05 teat to a set 5/8'rebor;Thence N 61'44'16'W a distance or 30.03 feet la a eel 5/8" mbar,Thence N 2815'44' E o ditonc. of 30.03 feet to the PONT OF OEONNNG. Co ntain'ng 900.00 square feet (0.02 eves) of end mere ne lees. • .s :,•91. r � � , .1%/t' S.51. ` Pt. .. SONERVELEI Vt • SURVEYOR'S CERTIFICATION • I c.rtiy that oil porta el this aur..y are dree+-np ham been completed In a o donce aitr the wren: regnrernenla of the 5tcndords of practice for Surveys In the State of leen, to Ira beet of my eror.ledge, information, and btlief. r me - _ war.,,,,rt. S ■ Texas L.cense So 6094 PROJECT NO. 18-10022 SMW Engineering Group,Inc. TYPE OF SURVEY 158 Business Centet Drive EXHIBIT Stia*M, Birmingham,Alabama 35244 Ph:205.262-6985 CLIENT anwy.sm REVISIO APC TOWERS CYISIGNa 3030 AERh1i CENTER PARKWAY SUITE 110 �7 !�!I 6d I @5 d� ORO W 09�e [90 d`,e r+o, of scFaFrlx 'etre I$3 RrS�nuE, NC 27560 fF DATE: DRAWN: CHKD: SCALE: I_ 10/30/18 JR MK t"=50' Page 4 of 5 Exhibit B CASSANDRA UNE BEARING 11STA110E TX-1577 u s 61.44.16' E EMI. CANDLEWOOD ANNEX LP 5 2a'13.44• Y - 00' NUECES COUNTY,TEXAS L3 N 61.4416• u MOO' 1-4 N 2815'44• C 3400'I --� MOOOBEND LLL IR PROPERTY ID: 203118492 GEO 12 9610-0301-0O20 041OD APAR mows LLP 3' PROPt Y 101 204741 S66: CEO IO 1237-0004-0160 YY7 e Y c \Fl a o8. a 2._0' • •'i Y�7�� ..' � IROS ti i 30../- --.1.3 ,..y //1 30 6 ` .4 ' DIRT an4.2 y � * • y -14 RDBERTO AAS HERVEUNDA SAIICHE3 PROPERTY 0: 200112826 •' - .// GEO 11- 1237-0034-0220 'fit • N • C// • POC / \ 6 LEASE AREA �] ,p�9/a" ROAR /, k-viRT PARE/!t PARCEL NV`71' 4i nab IGS AHD LISA 0.MO3EE PROPERTY ID: 204738 lig 0E0 ID: 1237-0000-0010. J J • DOCUMENT 1.11.40801 20080I0944 /� / 4.08 a nurr K TO C t4EW000*NKr 4 .446 4. v y LP J, L TOWER INFO6%404 4, {AS,> NOFVM*N PSA us (r 4409, r,1, Plomi r re: 379643 IATRUDE: 27'41'29.850'NON WEST 1p�.M. R` 4y� GEO 1D- 9810-0001-0016 0443 83LOVOTUDE: 9721'38.212' T .��o'�# OROUNO)ELEVAnor: 15.5' ' 0' 4}� ` A9MEAN SEA LEVEL(NAVD9B) ` ABM \ LEC 'Iqy O - 5/8'REOAR SET - ccoe•rre • - MAO PROPERTY M ARATR - %, 5/9'REem POS -POP'OF 961:170M1nC / - pg'COWLOXA ON, p, FOC ..PONT OF CC1{AA¢7JCEMENr `•'• Access ARO UIWTY 4' CR) - REFERENCED 00 ORMl7 IV ,77, 50. Fit OO - MEASURED G.32 AIRCS2 TEMP EENCHWARK L]- 10' WYJr) to EMENr \� NUL O!PEP Plat) zsas.AO S0. flt EZEV.-1396' 0.05 ACR1ES1 PROJECT NO. 18-10022 SMW Engineering Group, Inc. TYPE OF SURVEY SRAM 158 Business Center Drive EXHIBIT Bermingham,Alabama 35244 Ph:205-252-8985 CLIENT vvvvw.alt,wenp°°"' APC TOWERS REVISIONS 3000 AERIAL CENTER PARKWAY SUITE 110 (:�6®I N fl3 t� 0 N GROUP, OAC. WC. GESLRIPTgN _ nae YORPosvILLE. Ne 27560 DATE; DRAWN: NKD: SCALE: 110/30/I8 IJR MI( 1"=50' Page 5 of 5 f Caller Times PART OF THE USA TODAY NETWORK Certificate of NOTICE OF PUBLIC HEARING Publication TO CONSIDER RE-ZONING APPLICATION(S)IN THE CITY In Matter of Publication of: OF CORPUS CHRISTI Notice is hereby given that NOTICE OF PUBLIC HEARING TO CONSIDER RE-ZONING the Corpus Christi City Coun- cil will conduct a public hear- ing on January 15,2019 during a regular Council meeting which commences at 11:30 a.m. in the Council Cham- CORPUS CHRISTI bers, City Hall, 1201 Leopard CITY OF CORPUS CHRISTI Street, to consider the PO BOX 9277 fol- lowing zoning application(s) which is/are on file in the Department of Development CORPUS CHRISTI,TX 78469-9277 Services.At said time&place of hearing, persons & par- ties interested may appear before the City Council: Case No. 1018-05 Habitat for Humanity: Ordinance rezoning property at or State of Wisconsin) near 1902 Lipan Street from "IH" Heavy Industrial Dis- ))§ trict to the "RS-4.5" Sin- County of Brown) gle-Family 4.5 District. Case No.1118-01 Kyle McGee: Ordinance rezoning property I,being first duly sworn,upon oath depose and say that I am a Ie9a1 at ornear 6402 Holly Roadfrom clerk and employee of the publisher, namely, the Corpus Christi "CG-2" General Commercial Caller-Times, a daily newspaper published at Corpus Christi in District to the "cc-2/sP" said City and State, generally circulated in Aransas, Bee, Brooks, Genracteral with Coa Smpecial Permit.mercial Dis- t Duval, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San /s/Rebecca Huerta Patricio, Counties, and that the publication of which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on the following dates: December 30,2018 gal Clerk On this December 31,2018, I certify that the attached document is a true and exact copy made by publisher. .� � z1 Notary Public, i e of Wi cousin, County of Brown c.LL3 C. C) `\��•,�C KY •1/4// yz -17 • pVBL ; - fV �!/l/llllllllt�� Ad#:2191728 P.O.: #of Affidavits:0 Caller Times PART OF THE USA TODAY NE WORK Certificate of NOTICE OF PASSAGE PublicationOF ORDINANCE(S) NO.031654,Ordinance rezon- ing property at or near 1902 In Matter of Publication of: Lipan Street from the "IH" Heavy Industrial District to the "RS-4.5" Single-Family District. NO.031655, Ordinance rezon- ing property at or near 6402 Holly Road from the "CG-2" General Commercial District CORPUS CHRISTI to the "CG-2/SP" General CITY OF CORPUS CHRISTI Commercial District with a These PO BOX 9277 nanc sl Permweret passed oani- nd approved on second reading CORPUS CHRISTI,TX 78469-9277 by the Corpus Christi City Council on January 22,2019. /s/Rebecca Huerta City Secretary NOTICE OF PASSAGE State of Wisconsin) OFORDINANCE(S) NO.031654,Ordinance rezon- ))§ pntreefrom the "` property nIH " County of Brown) Lipan Industrial District to I,being first duly sworn,upon oath depose and say that I am a legal DistricRS 4.5" Single-Family t. clerk and employee of the publisher, namely, the Corpus Christi NO.031655, Ordinance rezon- Caller-Times, a daily newspaper published at Corpus Christi in ing property at or near 6402 said City and State, generally circulated in Aransas, Bee, Brooks, Holly Road from the "CG-2" Gct Duval, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San to theel Commeral General 9 9 to "CG-2/SP" General Patricio, Counties, and that the publication of which the annexed Commercial District with a is a true copy, was inserted in the Corpus Christi Caller-Times on Special Permit. These ordi- the followingdates: nances were passed and approved on second reading by the Corpus Christi City January 28,2019 Council on January 22,2019. /s/Rebecca Huerta City Secretary Vr Legal Clerk On this January 28,2019, I certify that the attached document is a true and exact copy made by pu usher. Notary Pu i ,State of/y sin, C 4ntybf Brown t\OTAR /,•O.FI IW•• ",\\ ii :11WV 9- 9336181 Ad#:P.O.: 2216473 f s V H n #of Affidavits:0