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HomeMy WebLinkAbout030337 ORD - 11/18/2014 Ordinance amending the Unified Development Code ("UDC"), upon application by Patrick H. Nolan and Amy L. Nolan ("Owners"), by changing the UDC Zoning Map in reference to a 1.34 acre portion of Lot 1, Block 3, Cimarron Center, from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial 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 Patrick H. Nolan and Amy L. Nolan ("Owners"), 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, September 24, 2014, during a meeting of the Planning Commission, and on Tuesday, October 28, 2014, 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 by Patrick H. Nolan and Amy L. Nolan ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 1.34 acre portion of Lot 1, Block 3, Cimarron Center, located on the southwest corner of Dunbarton Oak Drive and Cimarron Boulevard (the "Property"), from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit, as shown in Exhibits "A", "B", and "C." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds description, and Exhibit C, which is a site plan of 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 C and the following conditions: 1. Use Regulation: The only use allowed other than those allowed by right in the "CN-1" Neighborhood Commercial District is a self-service storage facility providing separate storage areas for personal or business use designed to allow private access by the tenant for storing personal property. 2. Loading Doors: Loading doors shall be allowed to face east only on building G. Emergency man doors, as required by City Building Code, may be located on any side of the building. (+ 31) 337 INDEXED 3. Buffer Yard: Fifteen-foot buffer yard with 15 buffer points shall be required on the west property line. Canopy trees of 2.5-inch caliper shall be planted every 30 feet on center along the west property line. 4. Set Back: Minimum 15-foot setback from residential properties. 5. Building Height: The maximum height of any structure on the Property shall not exceed 26 feet. 6. Fence: A solid screening fence of not less than 6-feet in height must be maintained along the south and west side of the property. 7. Lighting: No freestanding lights within 50 feet of a residentially zoned property. No light source shall exceed the roof height of the buildings or 15 feet, whichever is less. No light source on west side of building G, except as required by building code. 8. Signage: No additional freestanding sign is permitted. Any wall sign placed on the buildings shall not face the residential properties. 9. Hours of Operation: The hours of operation shall be limited to the hours between 9:00 AM and 6:00 PM. 10.Time Limit: The Special Permit will expire in one year from the date of the approved ordinance unless a building permit application has been submitted. 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. Page 2 of 3 The foregoling_ordi trance xvass read forrthe first time arid�aysed to its second reading on this the ( da of//- �I \\ �f e,y 20 b the followingvote: Nelda Martinez U�, QJ Chad Magill _41_ Kelley Allen L_ Colleen McIntyre Rudy Garza ' / Lillian Riojas IL ,i Priscilla Leal Mark Scott I David Loeb / The foreggi ordinance w read for the second time,, p�nd passed finally on this the I day of VPyy ' ?ir , 20 I It by the following vote: Nelda Martinez 4 Chad Magill _____4e. Kelley Allen Colleen McIntyre at(i) , Rudy Garza ��1 II,^�,�� Lillian Riojas __10.,_ . Priscilla Leal C Mark Scott David Loeb a1/03-k*-f PASSED AND APPROVED this the ) ay of ID1610()Cx. , 20 1 `7 ATTEST: 2_..4-1/11X/C./e" 1(ebecca Huerta ....A..... Nelda Martine City Secretary Mayor EFFEQTIVE DATE , h 21-fr- 1 Li , 0914-01 Ordinance, Patrick H.Nolan and Amy L. Nolan (1 3n 2 3 7 Page 3 of 3 FIELDNOTE DESCRIPTION FOR 1.34 ACRES OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING a 1.34 acre portion of that tract of land conveyed to Patrick H. Nolan dba The Storage Place and Amy L. Nolan dba The Storage Place by Saratoga Highway Properties, LLC by Document No. 2012050668, dated December 27, 2012 as recorded in the Official Records of Nueces County, Texas, same being a portion of Lot 1, Block 3, Cimarron Center as recorded in Volume 67, Pages 442 and 443 of the Map Records of Nueces County, Texas, said 1.34 acres of land being more fully described by metes and bounds as follows: BEGINNING at an existing iron rod marking the most western corner of the said Lot 1, Block 3, Cimarron Center, same being the most northern corner of Lot 1, Block 6, Cimarron Estates as recorded in Volume 65, Page 70 through 72 of the Map Records of Nueces County, Texas, said iron rod also the most western corner of the herein described tract; THENCE N. 28° 38' 25" E. a distance of 283.99 feet along the northwest line of the said Lot 1, Block 3, Cimarron Center to a point in the southwest right-of-way line of Dunbarton Oak Drive, said point being the most northern corner of the herein described tract; THENCE S. 61° 23' 04" E. a distance of 188.00 feet along the northeast line of the said Lot 1, Block 3, Cimarron Center, same being the southwest right-of-way Iine of Dunbarton Oak Drive to the point of curvature of a curve to the right; THENCE in a southeasterly direction along the said curve to the right having a radius of 785.00 feet, an arc distance of 17.00 feet (chord bearing and distance: S. 60° 45' 55" E. 17.00 feet) to a point for the most stern corner of the herein described tract; THENCE S. 28° 38' 25" W. a distance of 283.90 feet crossing the said Lot 1, Block 3, Cimarron Center to a point in the southwest line of the said Lot 1, Block 3,Cimarron Center,said point being the most southern corner of the herein described tract; THENCE N. 61° 21' 29" W a distance of 205.00 feet along the southwest line of the said Lot 1, Block 3, Cimarron Center to the Place of Beginning, containing within these metes and bounds 1.34 acres of land. These fieldnotes were prepared based on a Plat of Lot 1, Block 3, Cimarron Center as recorded in Volume 67, Page 442 and 443 of the Map Records of Nueces County,Texas and was not staked on the ground. AZ.QF. - G1STEgrFt� &, c 6/Azi f y * o A.C. FRANKSON Date A. C. FRANKSON Registered Professional Land Surveyor . 2239 % Texas Registration No. 2239 112FEssto ' Exhibit A L INE L IST Ll: 561'21 '29°E 557.68' "1-0,\ CURVE DATA L2: 561.21 '29"E 136.67' CBA:A = 01.14'27" L3: N28.38'31 "E 20.00' R = 785.00' L = 17.00' Ch = S60.45'55"E LEGEND l 7.OD' D.E. DRAINAGE EASEMENT C88:AR = 79.45'57" Mi4NCT MAP RECORDS. NUECES R = 785.00' TEXAS L = 287.81 ' !'+a'- �r COUNTY. Ch = 550.52'52"£ . ,• tiasYfq R.O.W. RIGHT OF WAY 286.20' �' P U.E. UT IL ITY EASEMENT __.a! -1' Y.R. YARD REOUIREMENT C9: A = 21.00'59- A. 0'59"A. C. FRANKSON ---•- ZONING L IMI TS R = 647.00' r L = 237.32' -1- • .0 2239 Ch = 550.53'0 9"E \AOG/a VA 236.00' y� FE55Wv SfO it C10:A = 90.02'19" a R = 20.00' + W L = 31.43' T LOT 4. BLOCK 1 LOT 5. BLOCK 1 i Ch = 516.22'30"£ I ' ' CIMARRON CENTER CIMARRON CENTER LOT 3. BLOCK 1 O 2B,29' XVOLUME 67. VOLUME 67. • BRIGHTON VILLAGE UNIT 5 CO PAGESM4442TS 443 PAGES 442Td 443 ! VOLUME 58. PAGE 123 " ZDwIEO CN-1 42 MRNCT C l 1:A = 19°45'57 R = 785.00' CT Plk EX L = 270.81' ....;411:31......561 "E Ch = S50.15'38"E I_ 269.47' OD et 188.00 t � DUNBARTON OAK OR. To'u. E' ��' ^~� r....._ fR.O. W. VARIES) 41 i 1i ' _ul• 14 r tW ' 0 • , `,.. ZONED CG-2 R-O-w &NED No,1 P. „�O U. E. �'X�Q '�*` RS-4.5 Q11 PROPOSED ):Vq ZONED CC-2 20' 1 r�'.` •� . i I ''' REZONING co • 3.38 ACRES D. E.-.j 4_ �--! •%►. ' DUNBARTON y .lC13oll CG? r•-)Pr) I I <'O'r� 4`'•• -•-•T••4 } SNI 1'` ///// • N28.38'31"E""1, I j' R.'�•�r• Iti/ S6f°23 39 E OAK STREET , W � N I 1.34 / coN L 1 174.36' I I L2 -_ ® ~!,_r3�_I..f �t,\ 2 I ; tar 4. . €r;l!a v.us .r a(.1 ( �(uuliol rte 1.11012,4.40 n/ STOW MI. 1 (111.1.IV VOW M. y i.I •. S GI•N'M•E IGLOO' _ \\ JVp , lar I i X . I tar 1 `i i I 1 -Tar11;. 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TEXAS . tar! 4 I </ B USE -FRANK mSON E. s 1M11 r -,IJ rd,,H,nrrn, PRELIMINARY SITE LAYOUT 1 of • PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI Count of Nueces } Ad# 432019 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 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 11/24/14 Mon CC-Internet- caller.com 11/24/ A Mon L GAL SALES REPRESENTATIVE On this 25 day of t\-)0\3 • , 20 t 4 I certify that the attached document is a true and exact copy made by publisher. Notary Public, Sta exas MICHELLE Co JOYCE CApires My Commission Expires March 19,2016 4 4E I November 24,20141 CALLER TIMES NOTICE OF PASSAGE OF ORDINANCE(S) NO. 030336, Ordinance amending the Unified Devel- opment Code("UDC"),upon application by The George B. Gaines, Jr. Family Limit- ed Partnership, Ltd. ("Own- ers"), by changing the UDC Zoning Map in reference to a 28.461-acre tract of land out of Lots 1 and 2,Section 32, Flour Bluff and Encinal Farm and Garden Tracts;NO. 030337, Ordinance amend- ing the mend-ingthe Unified Development Code("UDC"),upon applica- tion by Patrick H.Nolan and Amy L. Nolan ("Owners"), by changing the UDC Zoning Map in reference to a 1.34 acre portion of Lot 1, Block 3, Cimarron Center, from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any devia- tions; and providing for a repealer clause and publi- cation. These ordinance s were passed and approved on second reading by the City Council on November 18,2014. /s/Rebecca Huerta City Secretary