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Home My WebLink About033363 ORD - 05/21/2024Zoning Case No. ZN7974, Leslie Lopez (District 1). Ordinance rezoning a property at or near 110 Rolling Acres Drive from the "RS-6" Single -Family 6 District to the "ON/SP" Neighborhood Office District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend denial in lieu thereof approval to the "ON/SP' Neighborhood Office District with a Special Permit.) 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, THAT: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being Lot 5, Less 13 feet by 110 feet, Block 1, Rolling Acres, as described in Exhibit "A', from. the "RS-6" Single -Family 6 District to the "ON/SP" Neighborhood Office District with a Special Permit. The subject property is located at or near 110 Rolling Acres Drive. Exhibit A, a map , is attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1. Use: The only use allowed on the subject property other than uses permitted in the base zoning districts is retail sales and service (service oriented), specifically a salon and retail boutique. 2. Buffer Yard: A 10-foot-wide buffer yard and 10-buffer yard points shall be required along the property boundaries adjacent to residential zoning distracts. 3. Lighting: All lighting shall be shielded, and pole lights shall be of the full cut-off type. All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height 4. Building Height: The building height requirement shall adhere to UDC Section 4.2.8.0 Modification of Heigh Regulations. 03336 5. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. Customer access after 10:00 PM shall be prohibited. 6. Signage: Freestanding signage along Rolling Acres Drive is prohibited. 7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 8. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 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. S ECTION 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 U DC. 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. S ECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance #032829, remain in full force and effect. S ECTION 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. S ECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. S ECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the ii-May of Ynckle , 2024. PEER and APPROVED on the I\ ''re- day ofN41‘,01/4m , 2024. Paulette Guajardo, Mayor EFFECTIVE DATE e. ATT Reb Reb ca Huerta, City Secretary Page 2 of 5 eS Exhibit A STATE OF'1'EXAS COUNTY Oh NUECES Field notes of a 0.382 acre tract out of Lot 5, Block 1, "Rolling Acres Subdivision No. 2" as shown on the plat recorded in Volume 11, Page 47, Map Records Nueces County, Texas. Said 0.382 acre tract being more particularly described as follows: BEGINNING at a 5/8" re -bar found at the intersection of the northeast right of way of Leopard Street and the northwest right of way of Rolling Acres Drive. in the southeast line of said Lot 5, and for the south corner of this survey. THENCE with the common line of the northeast right of way of Leopard Street and this survey, North 58°43' 13" West, a distance of 124.84 feet to a 5/8" re -bar found in the northeast right of way of Leopard Street, in the common line of Lots 4 and 5, of said Block I, and for the west corner of this survey. THENCE with the common line of said Lots 4 and 5, and this survey, North 31°18'20" East, a distance of 133.19 feet to a 5/8" re -bar set in the common line of said Lots 4 and 5, and for the north corner of this survey. TIIENCE across said Lot 5 with the northeast line of this survey, South 58°43'13" East, a distance of 124.84 feet to a 5/8" re -bar set in the northwest right of way of Rolling Acres Drive, in the southeast line of said Lot 5, and for the cast corner of this survey, from WHENCE a 5/8" re -bar found for the cast corner of said Lot 5, bears North 31°18'20" East, a distance of 76.74 feet. THENCE with the common line of the northwest right of way of Rolling Acres Drive, said Lot 5, and this survey, South 31°18'20" West , a distance of 133.19 feet to the POINT of BEGINNING and containing 0.382 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System HAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8" re -bar = re -bar set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day August 12, 2023 and is correct to the best of my knowledge and belief. omit d F. Brister, tPCS Date: August 14, 2023. Job No. 231565 o 540 Page 3 of 5 SURVEY OF A 0.382 ACRE TRACT OUT OF LOT 5, BLOCK 1 "ROLLING ACRES SUBDIVISION NO. 2" AS SHOWN ON THE PLAT RECORDED IN VOLUME I1, PAGE 47, MAP RECORDS NUECES COUNTY) 1 EXAS. LOT 7 LOTG FENCE 0.2' OUTSIDE PROPERTY LINE: LOT4 - rn rt! ill gb m ssx CT° 22 x PENCE 0.3' INSIDE PROPERTY LINIi� X = wIRE FENCE Q = SET 5B" RE -BAR = FOUND SW RE•13AR 0 REMAINDER OFLOT 5 S5S° 43' 13"E 124.84' (MEAS) 0.352 ACRES 16,627 S.F. IU 11.1- N58° 43' 13'W 124.84' (MI AS) N57° 47' 00"W 125.00' (DEED) LEOPARD STREET 150' RIGHT OF WAY SCALE 1" = 40' 6 • imm- IAN P.O.13. THIS SURVEY IIAS BEEN PIAU OR31E.D 1Y1T11UU I' THE RI!NEFIT OF A TITLE COMMI I MINT. Brister Surveying 143t South Pale RD°d Unhe Suhe!1 Corpus CB NC Tr,°, 1P111 011351.1!OTRO rm. I NE3.15u! Rrhirn ht It p?INo. (')ootuon Finn Rr6i,tN,W° No. 10)72E 1 BY ORAPIIIC PLOTTING ONLY. TIIIS PROPERTY IS LOCATED WITIIINZONE \ AS DEFINED BY III E. FEDERAL ESIERGENCY MANAGEMENT MAPS.CO.MMUNIIY PANEL 4835SCO2SOG DATED OCTOBEIR 13, 2022 AND 0 15 M I5 NO1 LOCATED IN A UESIGNAIED 10(1 YEAR FLOOD ZONE SURIev DAD AUGUST 14, 2023 3033 NO.231565 ROWS: 1.1 TOTAL SL'lt\'F.l'L U AREA IS OJA! ACRES. I\IEASUREDBEARINGS ARE: RASED ON GIGB.AI. POSE I IONING SYS1 E.\I NAD SE 1911 005 DAILSI I ISET !.1 It E MBAR - STEEL RE DAR SET RI III T ELCO%PtASI IC CAP LADLUMD DR IS tER SURVI.I'INO. 4I A METES AND HOUNDS In3CR1 PIION OF I:OIAI. DATE ACCOMPANIES1)115 St'EVEN . DtIS SURVEY DOES NOT INCLUUE111E RIBEARC II. INVESTIGATION, OR I OCATIONSOIALL SER1'11lDE5. E\SF\IENIS. RI0Ii1 OF WAYS.. OR UM IIES ON IIDS FROPEIl1Y. I. RUNALD E ERISTER OO IILR EBY CERIIIY 11I1T IRIS SURVEY OF TTIE PROFFRTY IEOAITE DESCRIBED IlEREIN \SAS MADE ON Tl1EGROUND TEN DAY AUGUST 12'02) AND IS CORRECT TO THE • DS OF11Y KNOWLEDGE AND BELIEF. RONALD E. IRIS11tR P.I S. NO.'1UT ss Page 4 of 5 Exhibit B Wry CASE: ZN7974 Zoning and notice Area Rh1-1 Multifamily 1 Rh1-2 Multifamily 2 RM-3 Multifamily 3 ON Professional Office RM-AT Multifamily AT CN-1 Neighborhood Commercial CN-2 Neighborhood Commercial CR-1 Resort Commercial CR-2 Resort Commercial CG-1 General Commercial CG-2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR-3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS-10 Single -Family 10 RS-6 Single -Family 6 RS-4.5 Single -Family 4.5 RS-TF Two -Family RS-15 Single -Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property with 200' buffer 0O,vrars in favor 4 Owners within 200' listed on v. Owners attached o nershp labia ,/\ in opposiion City of Corpus Christi s r. IMIrDGMArrIT ID LOCATION MAP( Page 5of5 * LocaliQ Texas/New Mexico PO Box 631667 Cincinnati, OH 45263-1667 • GANNETT NOTICE OF PUBLIC HEARIGAFFIDAVIT OF PUBLICATION RE-ZONING APPLI AT ON(S) IN CONSIDER CITY OF CORPUS CHRISTI Notice is hereby given that the Corpus Christi City Council Mariah Resendez will conduct a public hearing on May 14, 2024,during a regu- City of Corpus Christi-Secretary lar Council meeting which commences at 11:30 a.m. in the Council Chambers,City Hall, 1201 Leopard Street,to consider 1201 Leopard St the following zoning application(s) which are on file in Corpus Christi TX 78401 Department of Development Services. At said time & place of hearing, persons & parties interested may appear before the City Council: Case No. ZN7974, Leslie Lopez (District 1). Ordinance STATE OF WISCONSIN, COUNTY OF BROWN rezoning a property at or near 110 Rolling Acres Drive from the "RS-6" Single-Family 6 District to the "ON" Neighbor- hood Office District; Providing for a penalty not to exceed The Corpus Christi Caller-Times, a newspaper published in the city $2,000 and publication. Of Corpus Christi, Nueces County, State of Texas, generallyCase No. ZN8199, Baraias Family Corporation (District 2). p Ordinance rezoning a property at or near 3345 Gollihar Road circulated in Aransas, Bee, Brooks, Duval,Jim Hogg, Jim Wells, and 4500 Kirkwood Drive from the "ON" Neighborhood Office Kleberg, Live Oak, Nueces, Refugio, and San Patricio Counties, District and the"RS-6"Single-Family 6 District to the"CN-1" Neighborhood Commercial District; Providing for a penalty and personal knowledge of the facts herein state and that the not to exceed$2,000 and publication. notice hereto annexed was Published in said newspapers in the Case No. ZN8200, Baraias Family Corporation (District 2). issue: Ordinance rezoning a property at or near 2823 South Port Avenue and 2511 San Jacinto Drive from the "CG-2" General Commercial District and the "RS-6" Single-Family 6 District 04/28/2024 to the "CG-2" General Commercial District; Providing for a penalty not to exceed$2,000 and publication. /s/Rebecca Huerta and that the fees charged are legal. City Secretary Sworn to and subscribed before on 04/28/2024 Legal Clerk • Notary,Nota State of W I.Count rown bizt �-ti My commission expires Publication Cost: $306.80 Order No: 10110065 #of Copies: Customer No: 1356906 1 PO#: re-zoning apps THIS IS NOT AN INVOICI ! Please do not use this form for payment remittance. VICKY FELTY Notary Public State of Wisconsin C Page 1 of 1 LocaliQ Texas/New Mexico PO Box 631667 Cincinnati, OH 45263-1667 GANNETT AFFIDAVIT OF PUBLICATION NOTICE PASSAGE OF ORDINNANCES) NO. 033361, Zoning Case No. Mariah Resendez ZN8199, Baralas Family City of Corpus Christi-Secretary Corporation (District 2). 1201 Leopard St Ordinance rezoning a prop- ertyCotpus Christi TX 78401 at or near 3345 Gollihar Road and 4500 Kirkwood Drive from the "ON" Neigh- borhood Office District and STATE OF WISCONSIN, COUNTY OF BROWN the "RS-6" Single-Family 6 District to the "CN-1" Neigh- The Corpus Christi Caller-Times,a newspaper published in the city borhood Commercial of Corpus Christi, Nueces County, State of Texas, generally District; Providing for a circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, penalty not to exceed $2,000 Kleberg, Live Oak, Nueces, Refugio,and San Patricio Counties, and publication. NO. o. and personal knowledge of the facts herein state and that the ZN8200,0 Baroa Zoning Case Family notice hereto annexed was Published in said newspapers in the orporBara Di Family Corporation (District 2). issue: Ordinance rezoning a prop- erty at or near 2823 South 05/26/2024 Port Avenue and 2511 San Jacinto Drive from the "CG- and that the fees charged are legal. 2" General Commercial Sworn to and subscribed before on 05/26/2024 District and the "RS-6" Single-Family 6 District to the "CG-2" General Commer- cial District; Providing for a penalty not to exceed $2,000 and publication. NO. 033363, Zoning Case No. ZN7974, Leslie Lopez (District 1). Ordinance Legal ClerkLeitocii(� rezoning a property at or near 110 Rolling Acres Drive from the "RS-6" Single- Notary,State of WI,County of B Family 6 District to the "ON/SP" Neighborhood Office District; Providing for VI "I a penalty not to exceed $2,000 My commission expires and publication. These ordi- nances were passed and Publicationapproved on second reading Cost: $241.41 by the Corpus Christi City Order No: 10208512 #of Copies: Council on May 21, 2024. Customer No: 1356906 1 /s/ Rebecca Huerta City Secretary PO#: THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. VICKY FELTY Notary Public State of Wisconsin Page 1 of 1