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Home My WebLink About030109 ORD - 03/04/2014Ordinance amending the Unified Development Code ( "UDC "), upon application by Old Lipan Limited ( "Owner "), by changing the UDC Zoning Map in reference to Lots 4, 5B, 6, 7A, 13, and the west half of Lot 5, Block 10, Gardendale Subdivision, by granting a Special Permit for a mini - storage facility; amending the Comprehensive Plan to account for any deviations; providing for a repealer clause and publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Old Lipan Limited ( "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, December 4, 2013, and January 29, 2014, during meetings of the Planning Commission, and on Tuesday, February 25, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, after taking public testimony on February 25, 2014, the City Council postponed action on the application until March 4, 2014; 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 Old Lipan Limited ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by granting a Special Permit for a mini - storage facility subject to 11 conditions and maintaining the existing base zoning districts on Lots 4, 5B, 6, 7A, 13, and the west half of Lot 5, Block 10, Gardendale Subdivision (the "Property "), located on Holly Road and Cain Drive, approximately 400 feet west of South Staples Street (Zoning Map No. 043035), as shown in Exhibits "A" and "B." Exhibit A, which is a location and zoning map pertaining to the Property, and Exhibit B, which is an example of building materials, 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 following 11 conditions: 1. Use: The only use allowed on the Property other than uses permitted in the base zoning districts is a mini - storage facility. 2. Access: No vehicular access shall be permitted onto Cain Drive. 03i109 INDEXED 3. Street Yard Setback: A building setback of 35 feet shall be required along Cain Drive. The 35 -foot setback shall remain as open space. Except for architectural projections up to five feet in depth, buildings and paving are prohibited within this setback. All other building setbacks shall comply with the UDC. 4. Building Design: Building facades facing Cain Drive shall incorporate masonry elements similar to the building shown in Exhibit B. The same facades shall incorporate wall plane projections or recesses having a minimum depth of five feet and no uninterrupted length of any facade shall exceed 75 horizontal feet. 5. Buffer Yard: A 15 -foot wide buffer yard and 15 buffer yard points shall be required along the property boundaries adjacent to residential zoning districts. Canopy trees of 2.5 -inch caliper shall be planted every 30 feet on center within the buffer yard and within the front yard setback. 6. Screening Fence: A minimum six -foot tall solid wood screening fence is required to be constructed, remain in place, and maintained between the mini - storage facility and the residential uses. Where a building does not serve as the visual screen along Cain Drive, a six -foot tall solid wood screening fence is required to be constructed, remain in place, and maintained at the 35 -foot building setback line to screen the mini - storage facility from view from Cain Drive. 7. Lighting: All lighting shall be shielded and pole lights shall be of the full cut -off type. Freestanding pole lights are not allowed within 50 feet of the property line of a residential use. No light source shall exceed the roof height of the buildings on site or 15 feet, whichever is more restrictive. 8. Building Height: Buildings shall not exceed 26 feet where adjacent to a residential use. Otherwise, the maximum building height shall be 36 feet. 9. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. Activity within the mini - storage facility, except for routine employee activity, shall cease after 10:00 PM. Customer access to the mini - storage facility after 10:00 PM shall be prohibited. A gated entry and security monitors for the mini - storage facility are required to be installed, remain in place, and maintained. 10. Signage: No wall- or pole- mounted signage is allowed on Cain Drive or facing a residential use. 11. 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. 1113 -02 Ordinance Old Lipan Limited SP_rev03042014final Page 2 of 4 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. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinances passed and takes effect upon first reading as an emergency measure this the L4 'day of -1.\ft19G"(h 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 1113 -02 Ordinance Old Lipan Limited SP_rev03042014final Pag Corpus Christi, Texas '7 -Day ofV V l C)' \ , a I T TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Nelda Martinez Mayor The above ordinance was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 1113-02 Ordinance Old Lipan Limited SP_rev0304291fi 1 n 9 EFFECTIVE DATE Page 4of4 SUBJECT PROPERTY 8 Feet IL ate Created: 10/28/20 3 1pared By: LAR �Deprtm- roifDeve /apm\rSe fcei\ CASE: 1113 -02 SUBJECT PROPERTY WITH ZONING JSubject Property RM -1 Multifamily 1 RM -2 Multlfamlly 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Com mere lel CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light lndustrial IH Heavy Industrial PUD Planned Untt 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 wO� EXHIBIT A Example of Masonry Incorporated into Building Fagade EXHIBIT B State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 311834 PO # no( 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 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 CC- Internet - caller.com 02/10/14 Mon 02/10/14 Mon LEGAL SALES REPRESENTATIVE On this ` U day of � , 20L1 I certify that the attached document is a true and exact copy made by publisher. MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 4E 1 February 10, 2014 1 CALLER -TIMES Levels_ 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 February 25, 2014 during a regular Council meeting which commences at 11:30 a.m. in the Council Chambers, City Hall, 1201 Leopard, to consider the fol- lowing zoning application(s) which are on file in Depart- ment of Development Ser- vices. At said time & place of hearing, persons & par- ties interested may appear before the City Council: 1. Case No. 1113 -02, Old Lipan Limited: From the "RS -6" Single- Family 6 District and the "CN -2" Neighborhood Commercial District to the "CG -2" Gen- eral Commercial District. The property is described as Lots 4, 5B, 6, 7A, 13, and the west half of Lot 5, Block 10, Gardendale Subdivision, located on Holly Road and Cain Drive, approximately 400 feet west of South Sta- ples Street. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826-3560, 2406 Leop- ard Street. /s/ Rebecca Huerta City Secretary PUBUSS ER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 323891 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 Cor?us 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 publization of NOTICE OF PASSAGE OF ORDINANCE(S): N which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 03/10/14 Mon CC-Internet - caller.com 0 /10/14 Mon LEGA SALES REPRESENTATIVE On this I day of ! '" O th, 20 tk I certify that the attached document is a true and exact copy made by publisher. O Notary Public, . • of Texas Avil: MICHELLE JOYCE RERA My Co mmissio2 CABExpires March 19,2016 r�1E or IE*� CALLER TIMES I March 10,201413E L NOTICE OF PASSAGE OF ORDINANCE(S): NO.030109,Ordinance amend- ing the Unified Development Code("UDC"),upon applica- tion by Old Lipan Limited ("Owner"), by changing the UDC Zoning Map in refer- ence to Lots 4,5B 6,7A,13, and the west half of Lot 5, Block 10,Gardendale Subdi- vision,by granting a Special Permit for a mini-storage facility;amending the Com- prehensive Plan to account for any deviations'providing for a repealer clause and publication. This ordinance was passed and approved by the City Council on March 4,2014. /s/Rebecca Huerta City Secretary