HomeMy WebLinkAbout031728 ORD - 03/26/2019 Case No. 1218-01 Carmelite Sisters: Ordinance rezoning property at
or near 4130 South Alameda Street from the "RS-6" Single-Family 6
District to the "RM-1/SP" Multifamily 1 District with a Special Permit
(Tract 1), the "RM-1" Multifamily 1 District (Tract 2), and the "CN-1"
Neighborhood Commercial District (Tract 3)
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application of Carmelite Sister("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, December 12, 2018, during a meeting of the Planning Commission. The
Planning Commission recommended approval of the change of zoning from the "RS-6"
Single-Family 6 District to the"CN-1" Neighborhood Commercial District and on Tuesday,
February 12, 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 Carmelite Sisters ("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 Lot 1, Block 1, Carmelite Home Tract,
located on the north side of South Alameda Street, east of Carmel Parkway, and west of
Everhart Road (the "Property"), from the "RS-6" Single-Family 6 District to the "RM-1/SP"
Multifamily 1 District with a Special Permit (Tract 1), to the "RM-1" Multifamily 1 District
(Tract 2), and to the "CN-1" Neighborhood Commercial District (Tract 3) (Zoning Map No.
043038), as shown in Exhibits "A", "B", and "C". Exhibit A, is a metes and bounds
description and map of Tract 1 of the Property, and Exhibit B, is a metes and bounds
description and map of Tract 2 of the Property, and Tract C, is a metes and bounds
description and map of Tract 3 of the Property. All 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. Uses: The only uses authorized by this Special Permit other than uses permitted by
right in the base zoning district are as defined by the Unified Development Code (UDC)
in Section 5.1.5.E "Medical Facility" except blood plasma donation center, Minor
Emergency Center, or Hospital, Section 5.1.4.0 "Office", Section 5.1.4.F "Restaurant"
except for restaurants with a drive-through or drive-in facility as an accessory use, and
Section 5.1.4.G "Retail Sales and Service" except convenience goods.
2. Driveways: The crossing for vehicular access over the Carmel Parkway drainage
ditch is prohibited.
0317Z8
SCANNED
3. Dumpsters: All dumpsters or refuse receptacles shall be screened from view from
any public right-of-way.
4. Lighting: All lighting must be shielded and directed away from single-family
residences and nearby streets. Cut-off shields are required for all lighting. No light
projection is permitted beyond the property line.
5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code.
Outside paging, speakers, telephone bells, or similar devices are prohibited.
6. Hours of Operation: The hours of operation shall be limited to 6:00 AM to 9:00 PM.
7. Landscaping: In lieu of a standard buffer yard, a yard consisting of a row of canopy
trees with a minimum of a 2 '/2" caliper shall be placed 30 feet on center along the
property line shared with the drainage ditch.
8. Other Requirements: The Special Permit conditions listed herein do not preclude
compliance with other applicable UDC, Building, and Fire Code Requirements.
9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have
expired within twenty-four (24) months of this ordinance, unless a complete building
permit application has been submitted or, a certificate of occupancy or UDC
compliance has been issued. 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:\DevelopmentSvcs\SHARED\ZONING CASES\2018\1218-01 Carmelite Sisters\Council Documents\Ordinance_1218-01 Carmelite
Sisters.V.2.docx
Page 2 of 9
That the foregoing ordinance was read for the first time and passed to its second reading on this
the !,`� ''clay of_'-4e hruar€, 019, by the following vote:
Joe McComb Michael Hunter i
Al'
Roland Barrera I I. , ! Ben Molina lt
Li /
Rudy Garza ; Everett Roy 1,
Paulette M. Guajardo Greg Smith r
4 I
Gil Hernandez .r f
(C.1-1-----
That
'I,_.That the foregoing ordinance was read for the second time and passed finally on this the
day o \Ck-ArC2019, by the following vote:
Joe McComb 1� Michael Hunter
Roland Barrera ( ,U Ben Molina ,
Rudy Garza Everett Roy al_
Paulette M. Guajardo ! Greg Smith aT___,
, /
Gil Hernandez _. !
a .
PASSED AND APPROVED on this the ,9(U) day of --1(\(t ctivaL , 2019.
ATTEST:
0 ' _.>. 1 . %I WI
Re•ecca Huerta McComb
City Secretary or
EFFECTIVE DATE
Li-i I i iq
' r ‘i 1 7 () Page3of9
Exhibit A
STATE OF TEXAS
COUNTY OF NUECES
EXHIBIT _ALL
TRAGI I
field notes of a I.49D acne tract,for the purpose of reamingg,out of Lot I.Block I,Carmelite Home
Tract,es shown on a map recorded in volume 41,Page 80,Map Records of Nueces County,Texas.Said
1.090 acre tract heing more particularly described as follows`
COMMENCLNG at a point in the intersection of the northeast right of way of South Alameda Street and
the cutback in the northwest right of way of Everhsi Road,for a common outside corner of Lot I and of
Tract 3,THENCE with the common line of the northeast right of way of South Alameda Street,of ort I
and of Tract 3,North 31'06'00"West,a distance of 468.79 feet to a paint for the common west corner of
Tract 3,of this tract and for the POINT of BEGINNING
THENCE with the common line addle northeast right of way of South Alameda Street,of Lot I and of
this tract.North 31°06'00"West,a distance of 100.00 feet to a point for the common west corner of a 75
foot City of Carpus Christi drainage right of way,allot I and of this tract
THENCE with the common line of said 75 foot drainage right of way.of Lot t and of this boost.North
58°5.4'00"East,a distance of 475.00 feet to a point for the north comer of this tract,from WHENCE the
northeast coma of Lot I bears,North 58°54'40"East,a distance of 538.42 feet.
THENCE South 31°06'00-East,a distance of 100.00 fere to a point far the common east comer of Tract
2 and of this tract.
THENCE with the common tine of Tract 2 and of this tract,South 58°54'00"West.at a distance of
t80.68 feet pass a point for the common north comes of Tract 2 and Tract 3,and in all a taut distance of
475.00 feet to the POINT of BEGINNING,and containing 1.090 acres of land,more or less.
Notes:
I,}Bearings am based on recorded plat in Volume 43,Page 8Q Map Records of Nueces County,Texas_
2.)A Map of equal date accompanies this Metes and Bounds description.
3.}Set 51"to-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying.
4.)This exhibit does not represent an nm the ground boundary survey.
I,Recald F Brister do hereby certify that this exhibit of the property legally described herein is cameo to
the best of my knowIedgc and belief.
Ronald .Brisier.RPLS No. 7
Date;February 26,2019.
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Page 4 of 9
EXHIBIT OF 1
TRACT 1 BEING A 1.090 ACRE TRACT,FOR THE PURPOSE OF REZONING,OUT
OF LOT 1,BLOCK 1,CARMELITE HOME TRACT,AS SHOWN ON A MAP
RECORDED IN VOLUME 43,PAGE 80,MAP RECORDS OF NIECES COUNTY,
Ilt TEXAS.
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O=PROPERTY CORNER
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Page 5 of 9
Exhibit B
STATE OF TEXAS
COUNTY OF NUECES
EXHIBIT B-3
TRACT 2
Field notes of a 1.093 acre tract,for the purpose of rezoning,out of Lot 1,Block I,Carmelite Home
Tract,as shown on a map recorded in Volume 43,Page SD,Map Records of Nuooes County,Texas:Said
1.093 acre tract being more particularly described as follows.
COMMENCING at a point in the intersection of the northwest right of way of Everhart Road and the
cutback in the northeast right of way of South Alameda Street,for a common outside corner of Lot 1 and
of Tract 3.THENCE with the common n line of the northwest right of way of Everhart Road,of Lot I and
of Tract 3,North 28°51'2I Cast,a distance of 322,65 feet to a point for the roman south corner of
Tract 3,of this tram and for the POINT of BEGINNING.
THENCE with the eormnen line of the Tract 3 and ofthis tract.North 31°06'00"West.a distance of
31518 feet to a point in the southeast line of Tract 1,for the cannon north comer of Tract 3 and of this
tract.
THENCE with the common line of Tract I and this tract,North 58°54'00"East,a distance of I80.6k feet
to a prim for the eonrnort east corner of Tract I and of this trace
THENCE South 3[occur East,a distance of 211.39 feet to a point in the common line of the northwest
right of way of Everhart Road and of Lot I,and for the east coma of this tract,from WHENCE the east
corner of tat I bears,North 2I3°5I'28"East,a distance of 621.91 feet.
THENCE with the common line of the northwest right of way of Everhart Road.of Lot l and of this
tract,South 28°5118"West,a distance of 2011.72 feet to the POINT of BEGINNING,and containing
1.093 acres of land,more or less.
Notes:
1.)Bearings me based on recorded plat in Volume 43,Page S0,Map Records of Maces County,TenOS,
2.)A hMap of equal date accompanies this Mermaid Bounds description.
3.)Set 5111"re-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying.
4.)This exhibit does not represent an on the ground boundary survey.
1.Ronald E Brister do hereby certify that this exhibit of the property legally described herein is correct to
the best of my knowledge and belief.
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Rona '.Heiner,RPL o.5407
Dem:February 26.2019,
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Page 6 of 9
EXHIBIT OF
TRACT 2 BEING A 1.093 ACRE TRACT,FOR THE PURPOSE OF REZONING,OUT OF
LOT 1,BLACK I.CARMELITE HOME TRACT.AS SHOWN ON A MAP RECORDED
IN VOLUME 43,PAGE 80,MAP RECORDS OF NUECES COUNTY,TEXAS.
t
EXHIBIT Bit
IP TRACT I
OF LOT I
SCALE 1'-EO
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Y ' PORRICNTS.MOMS WAYtOR UTD17i3O141I16
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PROIRRSY.
LIOMALD[ QIQR'
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Page 7 of 9
Exhibit C
STATE OF TEXAS
COUNTY OF NUECES
EXHIBIT C-I -
TRACT 3
Field mks of a 2.708 acre beau,For the purpose of rezoning out of Lot I.Block I.Carmelite Home
Tract as shown are a map recorded in Volume 43,Page 80,Map Records of Nueces County,Texas.Said
2.706 acre tract being more particularly described as follows.
BEGINNING ata point in the intersection of the northeast right of way of South Alameda Street and the
cutback in the northwest right of way of Everhart Road and for a common outside comer of La 1 and this
text.
THENCE with the common line of the northeast right of way of South Alameda Strout.Lot I and this
tract,North 31°06'00"West,a distance of 468.79 feet to a point for the common west garner of Tract I
and of this mei,front WHENCE the common west canter of Tract I and of Lot 1 bears,North
31°06'00"West.a distance of 100.00 feet.
THENCE with the common line of Trace I and this tract.North 58°54'00"Eta,a distance of 29432 feet
to a point for the common north corner of Traci 2 and of this tract.
THENCE with the emanate to line of Tract 2 arid alibis trail,South 31°06'0r East,a distance of 3 15.118
feet to a point in the common line of the northwest right of way of Everhart Road and of Lot I,and for the
east corner of this tract.from WHENCE the east corner once 1 bears.North 28°51'28"East,at a
distance of 208.72 feet pass a point for the east corner of Tract 2.and m all a total distance of 830.70 feet.
THENCE with the common line of the northwest right of way of Everhart Road,Lot I and this trace.
South 28°51.28"West,a distance of 322.65 feet to a point in the intersection of the northwest right of
way of E+rerhan Road and the cutback In the northeast right of way of South Alameda Street,for a
common outside caner of Lot I and this tract,and fee a point of curvausre of a curve to the right having a
radius of JOAO feet.
THENCE with the common line of said cutback.said curve to the right and this tract,a chord bowing of
South 88°46'01"West,a chord distance of 1731 feet and a curve distance of 20.93 feet to the POINT of
BEGINNING,and contemn 2.708 acrd attend,more or less.
Notes:
1.)Bearings are based on recorded plat in Volume 43.Page 80,Map Records of Nueees County,Texas.
2.)A Map of equal date accompanies this Metes and Bounds description.
3.)Set 5.1"re-bee-steel re-bar set with yellow plastic cap labeled Brister Surveying.
4.)This exhibit does not represent an on the ground boundary survey.
I.Ronald E.Brister do hereby certify that this exhibit of the property legally described herein is era rest to
the but of my knowledge and belief
Ronald IF.Relater,RPI.S No.5407
Date:February 26.2019.
OFT
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LW Mn.19031IX:
Page 8 of 9
r EXHIBIT OF
TRACT 3 BEING A 2.708 ACRE TRACT,FOR THE PURPOSE OF REZONING,OUT OF
LOT 1,BLOCK 1,CARMELITE HOME TRACT,AS SHOWN ON A MAP RECORDED IN
VOLUME 43,PAGE SO,MAP RECORDS OF NUECES COUNTY,TEXAS.
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Page 9 of 9
. .
Caller Times
PART OF THE USA TODAY NETWORK
Certificate of NOTICE OF PUBLIC HEARING
PublicationTO CONSIDER RE-ZONING
APPLICATION(S-NOTICE OF
PUBLIC HEARING TO
In Matter of Publication of: CONSIDER RE-ZONING
NOTICE OF PUBLIC HEARING TO CONSIDER RE-ZONING APPLICATION(S)IN THE CITY
OF CORPUS CHRISTI
APPLICATION(S Notice is hereby given that
the Corpus Christi City
Council will conduct a public
hearing on January 22,2019
during a regular Council
meeting which commences
CORPUS CHRISTI at 11:30 a.m. in the Council
Chambers, City Hall, 1201
CITY OF CORPUS CHRISTI Leopard Street, to consider
PO BOX 9277 the following zoning appli-
cation(s) which is/are on
file in the Department of
CORPUS CHRISTI,TX 78469-9277 Development Services. At
said time&place of hearing,
persons&parties interested
may appear before the City
Council: Case No. 1218-01
Carmelite Sisters: Request
for rezoning a property at
or near 4130 South Alameda
State of Wisconsin) Street from the "RS-6" Sin-
))§ gle-Family 6 District to the
County of Brown) "CN-1" Neighborhood Com-
mercial District.
/s/Rebecca Huerta
I,being first duly sworn,upon oath depose and say that I am a legal City Secretary
clerk 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 Wells, Kleberg, Live Oak, Nueces, Refugio, and San
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:
January 6,2019 L.
_
i
C
...y41/ iii,„
—0
Legal Clerk
f3
On this January 7, 2 , I certify that the attached document is a •r:-
true and exact copy made by publisher. .4-' -
//I V 2t,
Not ry P lic,Stat• sfr•isconsin, Co my of Brown
wmililito
\401..A F11-
", PUB�\G :
NCE; DE 'f� TE'
Caller Tim '` '
PART OF THE USA TODAY NETWORK 2019 At [V PM 2'
18
Certificate of
Publication
NOTICE OF PASSAGE OF NOTICE OF PASSAGE OF
Ordinance
ORDINANCE(S)
N 0.031716, OORDINANCE(S)
rezoning property at or NO.031716, Ordinance rezon-
near 3202 Interstate 69 from ing property at or near 3202
CITY OF CORPUS CHRIS TI the "FR" Farm Rural Interstate 69 from the "FR"
District to the "RS 6" Farm Rural District to the"RS-
1201 LEOPARD Single-Family 6 District; 6"Single-Family 6 District;
N 0.031717, Ordinance NO.031717, Ordinance rezon-
rezoning property at or ing property at or near 542
CORPUS CHRISTI,TX 78401 near 542 Airline Road from Airline Road from "CN-1"
"CN-1" Neighborhood Neighborhood Commercial
Commercial District to the District to the "CN-1/SP"
"CN-1/SP" Neighborhood Neighborhood Commercial
Commercial District with a District with a Special Permit.
STATE OF WISCONSIN) Special Permit. )40.031720,Ordinance amend-
)) N 0.031720, Ordinance ing Chapter 55 of the Corpus
amending Chapter 55 of the Christi Code to allow one con-
COUNTY OF BROWN) Corpus Christi Code to al- tract for entire subdivision
low one contract for entire for outside city limit water
subdivision for outside city contracts and allow transfer
I,being first duly sworn,upon oath depose and say that I limit water contracts and of water services outside the
aowater
am a legal clerk and employee of the publisher,namely,the services tr outside nsferothefwCity City limits without a new con-
Corpus Christi Caller-Times,a daily newspaper published limits without a new con- tract for the same use.
at Corpus Christi in said Cityand State,generallycirculated tract for the same use. NO.031728, Ordinance rezon-
e N O.031728, Ordinance ing property at or near 4130
in Aransas,Bee,Brooks, Duval,Jim Hogg,Jim Wells, rezoning property at or South Alameda Street from
Kleberg, Oak,Nueces,Refugio,and San Patricio, near 4130 South Alameda the "RS-6" Single-Family
g, g Street from the RS-6" 6 District to the "RM-1/SP"
Counties,and that the publication of which the annexed is a Single-Family 6 District to Multifamily 1 District with a
the 2M-1/SP" Multifamily
true copy,was inserted in the Corpus Christi Caller-Times1 District with a Special Special Permit (Tract 1), the
on the following dates: Permit (Tract 1), the "RM- "RM 1" Multifamily 1 Dis
1" Multifamily 1 District trict (Tract 2), and the "CN-
(Tract 2), and the "CN-1" 1" Neighborhood Commer-
Neighborhood Commercial cial District (Tract 3). These
1,2019
April District (Tract 3). These ordinances were passed and
P ordinances were passed approved on second reading
and approved on second by the Corpus Christi City
On this April 1,2019, I certify that the attached document is reading by the Corpus Council on March 26,2019.
Christi City Council on /s/Rebecca Huerta
a true and exact copy made by the publisher: March 26,2019. City Secretary
/s/Rebecca Huerta
City Secretary
Legal Notice Clerk
ki,,,,b„:
Notary lic,State isconsin, my of Brown
ql q-
Notary Expires
\\0\Iliiiiiliiiii,
\\\.\GAY FE.:-.t),,
T ),,/,,
Publication Cost:$194.00 _ �OTARy
Ad No:0003467622 = �
Customer No: 1242343 in.' PUBL�G :?
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