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HomeMy WebLinkAbout029805 ORD - 04/30/2013Ordinance amending the Unified Development Code ( "UDC ") upon application by Minerva V. Muro ( "Owner "), by changing the UDC Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the "RS -6" Single- Family 6 District to the "RS-6/SP" Single- Family 6 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 Minerva V. Muro ( "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, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, 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 Minerva V. Muro ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 5, Block 2, Nemec Addition (the "Property "), located on the southwest corner of Nemec Street and Dodd Drive, from the "RS -6" Single- Family 6 District to the "RS -6 /SP" Single- Family 6 District with a Special Permit (Zoning Map No. 047038), as shown in Exhibits "A" and "B." Exhibit A, which is a location map pertaining to the Property, and Exhibit "B," which is a site plan pertaining to the Property, 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 meeting the requirements of Exhibit B and the following seven conditions: 1. Uses: An employee parking lot (to serve the adjacent vehicle sales and repair use) is the only use allowed on the Property other than those uses allowed by right in the "RS -6" Single - Family 6 District. Vehicle sales, vehicle service, and vehicle holding or preparation area are prohibited uses of the Property. 2. Screening: A six -foot tall solid wood screening fence must be constructed, maintained, and remain in place along Dodd Drive, Nemec Street, and the adjacent residence to screen the employee parking lot from public view, with the placement of the decorative side of the screening fence facing the public roadways and residence. 029805 INDEXED 3. Landscaping: The Owner shall maintain a 20 -foot wide buffer yard in front of the screening fence along Nemec Street and a five -foot wide buffer yard in front of the screening fence along Dodd Drive. The Owner shall plant and maintain canopy trees with a minimum of a 2.5 -inch caliper every 30 feet on the center within the buffer yards and on the interior of the screening fence along the side property line adjacent to the single- family residence. The Owner shall plant and maintain minimum three - gallon shrubs along the exterior of the screening fence fronting Nemec Street. 4. Lighting: Any outdoor lighting shall be of the full cut -off type and placed below the height of the screening fence. 5. Access: The Property shall not have vehicular access to or from Dodd Drive and Nemec Street. 6. Dumpsters: No dumpsters shall be placed in or on the Property. 7. Time Limit: 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. 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 (Lot 5, Block 2, Nemec Addition) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Muro RS6 to RS6 -SP vFinal 20130403 Page 2 of 3 The foregoini o inance w s read for the first time and ¢¢,a,ssed to its second reading on this the A.0 day of , 20 t J, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foreg 'ordinance as read;f r the second time and passed finally on this the day of to Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb , 20 13, , by the followin • vote: Chad Magill ( f I Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the t day of ATTEST: Armando Chapa City Secretary EFF CTIVE DATE 3 Muro R56 to R56 -5P vFinal 20130403 ,20/ Nelda Martinez Mayor 029805 Page 3 of 3 2 t1 .Sk ERR C Date Created:r t Prepared By: jeremym Depamnenr of Development Services. CASE: 1212 -01 1. SUBJECT PROPERTY Subject Property EXHIBIT A LOCATION MAP Site Plan for the Rezoning of 2529 Nemec Zoning Case No. 1212 -01 Afeb OR( ,44. 977 IMInworeo =maw.. N A / ,t 1 —. act. -bi A inEzro2 SgAbe X54' ItAinzigii regea tIorrg off r '► tc aletwedu ' F o ryi 3 e ie s EXHIBIT B Jorni C ' 1467-77'9 SClN -E� State of Texas Countyof Nueces } } PUBLISHER'S AFFIDAVIT F CITY OF CORPUMIIPI ' I Pty 2 1 6 Ad # 179018 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, 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 pub- lication 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 CC- Internet - caller.com 04/08/13 Mon 04/08/13 Mon LEGAL SALES REPRESENTATIVE On this (Pa day of , 2013 I certify that the attached document is a true and exact copy made by publisher. No Public, State of Texas 4E April 8, 2013 CALLER -TIMES Leg* 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 hear- ing on April 23, 2013 during a regular Council meeting which commences at 11:30 am in the Council Chambers, City Hall, 1201 Leopard, to consider the following zon- ing application(s) which are on file in Department of Development Services. At said time & place of hearing, persons & parties interested may appear before the City Council: 1. , 0313 -01, Elizabeth Anne Meaney: From the "RS- 6" Single- Family .6 District to the "IL /SP" Light Industrial District with a Special Per - mit for the. wholesale stor- age and distribution of fuels and lubricants. The pprop erty is described as being an 18.25 -acre tract of land out of the Thomas Gallagher Survey, Abstract 988, and the James W. Ward, Abstract 1031, located on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road. 2., 1212 -01, Minerva V. Moro: From the "RS -6" Single- Family 6 District to the "ON" Office District. The property is described as Nemec, Block 2, Lot 5, located on the southwest corner of Nemec Street and Dodd Drive. 3. 0313 -04, George Shaheen: From the "CN -1" Neighborhood Commer- cial District to the "RS -4.5" Single - Family 4.5 District. The property is described as being a 3.136 -acre tract of land out of Lot 1B, Block 1, King's Crossing West Unit 1, located along the north side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444). 4. 0313 -05, The Lakes at King Estates, Inc.: From the "RMH" Manufactured Home District to the "RS- 4.5" Single- Family 4.5 Dis- trict. The property is described as being a 24.93 - acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension. 5. 0313 -03, Hernando Ariza Soto: From the "RS- 6" Single - Family 6 District to the "CG -2" General Com- mercial District. The prop- erty is described as being a 0.482 -acre tract of land out of Tract 12, Fallin's Riv- erside Subdivision, located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road. Information may be obtained by calling or visiting the Dept. of Development Ser- vices, Planning Section at (361) 826 -3240, 2406 Leop- ard St. /s/ Armando Chaoa State of Texas Count of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 191217 PO # Before me, the undersigned, a Notary Public, this day personally c e GEORGIA LAWSON, 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 CC-Intemet - caller.com 05/06/13 Mon 05'061-13 Mon LEGAL SALES REPRESENTATIVE On this iq day of NAaj , 2013 I certify that the attached document is a true and exact copy made by publisher. --- MICHELLE JOYCE CABRERA My Commission Expires March 19 2016 otary Public, St as NOTICE OF P E OF ORDI CE(S) NO. 029805, Ordinance amending the Unified Devel- opment Code ("UDC") upon application by Minerva V. Muro ("Owner"), by chang- ing the UDC Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the "R5 6" Single Family 6 Dis- trict to the "RS 6/SP" Sin- gle Family 6 District with a Special Permit; NO. 029806, Ordinance amending the Unified Development Code ("UDC") upon application by Hernando Ariza Soto, actin as agent on behalf of 929 Enterprises, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 0.482 acre tract of land out of a 1.804 acre tract of land out of Tract 12, Fa Inn's Riverside Subdivision, from the "RS 6" Single Family 6 District to the "CG 2" General Com- mercial District; NO. 029807, Ordinance amending the Unified Development Code ("UDC") upon application by George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ("Owner"), by changing the UDC Zon- ing Map In reference to a 3.136 acre tract of land out of Lot IB, Block 1, Replat No. 1, King's Crossing West Unit 1, from the "CN 1 Neighbor- hood Commercial District to the "RS 4.5" Single Family 4.5 District; NO. 029808, Ordinance amending the Unified Development Code ("UDC") upon application by The Lakes at King Estates, Inc. ("Owner"), by changing the UDC Zoning Map in refer- ence to a 24.93 acre tract of land out of Lots 8 and 9, Sec- tion 40, Flour Bluff and Enci- nal Farm and Garden Tracts, from the "RMH" Manufac- tured Home District to the "RS 4.5" Single Family 4.5 District; amending the Com- rehensive Plan to account or any deviations; and pro- viding a repealer clause and publication. These ordi- nances were passed and approved on April 30, 2013. /s/ Armando Chapa City Secretary Legals Notice To Bidders The Nueces County Purchas- ing Agent, Elsa N. Saenz, will receive sealed competitive bids for the site grading, excavation, embankment build-up, and erosion con- trol by seeding of the Utrer Oso Watershed Water ual- ity Improvement & Ha itat Education Project (IFB No. 2927-13) not later than 2:00 PM an May 29, 2013, and shall open at 2:00 PM on May 29, 2013 in the Purchas- ing Office, Nueces County Courthouse, 901 Leopard Street, Room 106, Corpus Christi, TX 78401. The Bid- der must submit bid, perfor- mance and payment bonds. A pre-bid conference has been scheduled for 9:00 AM on May 20, 2013 at LYON- DELLBASELL Park, located at 11233 Haven Dr., Corpus Christi, Tx. 78410. see bid package for details. County will pay for this contract by check method and will be a lump sum price bid. Speci- fications and Drawings are available in the Purchasing Office during regular work- ing hours from 8:00 AM to 12:00 PM and 1:00 PM to 5:00 PM or call 361-888-0426. Elsa N. Saenz Nueces County Purchasing Agent www.co.nueces.tx.us FiED Here -rielCkr4afiedii IedcatIadi an Cali 11 111.1111111111111111111111111,1115111111111115.,