HomeMy WebLinkAbout030734 ORD - 01/19/2016 Ordinance amending the Unified Development Code ("UDC"), upon
application by Charlie Thomas' Courtesy Ford, Inc. on behalf of
Patrick and Amy Nolan ("Owners"), by changing the UDC Zoning
Map in reference to a 100 foot wide tract being 2.2763 acres of land
(Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots
5 and 6, Block 1, Dusty Hills, from the "RM-1" Multifamily 1 District,
"RM-AT" Multifamily AT District, "RM-3" Multifamily 3 District and
the "CN-1" Neighborhood Commercial District to the "RM-1/SP"
Multifamily 1 District with a Special Permit (Tract 1) and to the "CG-
2" General Commercial District (Tract 2); 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 Charlie Thomas' Courtesy Ford,
Inc. on behalf of Patrick and Amy 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, December 2, 2015, during a meeting of the Planning Commission when
the Planning Commission recommended approval of the requested "CG-2" General
Commercial District(Tract 2) and "RM-1/SP" Multifamily 1 District with a Special Permit
(Tract 2), and on Tuesday, January 12, 2016, 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 application by Charlie Thomas' Courtesy Ford,
Inc. on behalf of Patrick and Amy Nolan ("Owners"), the Unified Development Code
("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning
on a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of
land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south
side of McArdle Road between Prince Drive and Clare Drive (the "Property"), from the
"RM-1" Multifamily 1 District, "RM-AT" Multifamily AT District, "RM-3" Multifamily 3
District and the "CN-1" Neighborhood Commercial District to the "CG-2" General
Commercial District(Tract 2) and "RM-1/SP" Multifamily 1 District with a Special Permit
(Tract 1) (Zoning Map No. 041035), as shown in Exhibits "A", "B", "C" and "D." Exhibits
A and C, which are metes and bounds descriptions of the Property, and Exhibits B and
D, which are maps to accompany the metes and bounds, and Exhibit E, which is a site
plan, are attached to and incorporated in this ordinance by reference as if fully set out
herein in their entireties.
030734
INDEXED
SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the
Owner complying with the following conditions and site plan (Exhibit E):
1. Uses: All uses allowed in the "RM-1" Multifamily 1 District, plus the use of the
property for parking of vehicles associated with automobile sales and service.
Consequently, no commercial buildings are permitted on Tract 1.
2. Buffer Yard: A 20-foot buffer yard shall be required along McArdle Road and shall
consist of trees, landscaping, and a screening fence.
3. Landscaping: The 20-foot required buffer yard shall include 2 %2-inch caliper
canopy trees planted every 30 feet and 500 landscape points achieved by plantings
other than trees.
4. Screening: A minimum six-foot tall solid screening fence (excluding fences with
metal sheeting or panels) shall be installed, maintained, and remain in place along
McArdle Road south of the required landscaping/buffer yard.
5. Lighting: All lighting shall be shielded and meet all requirements of the UDC.
Lighting may not exceed 15 feet in height. No private freestanding light shall be
installed within 20 feet of the McArdle Road right-of-way.
6. Outdoor Intercom Systems: Intercom systems may not exceed 60 decibels (dBA)
at the property line along McArdle Road.
7. Dumpsters: Solid waste containers shall not be located within the 20-foot buffer
yard.
8. Hours of Operation: 6:30 AM to 7:30 PM
9. Ingress/Egress: A maximum of one ingress/egress point shall be permitted along
McArdle Road, which shall be aligned with Nancy Drive unless otherwise determined
by Staff during the plan review process. Such access point shall be limited to
emergency and employee use only and shall have a bar for the purpose of limiting
access of delivery vehicles. McArdle Road shall not be used for deliveries.
10.Time Limit: This Special Permit shall expire if applicable site and building permits
for the buffer yard, landscaping and screening fence are not obtained within three
years of the approval date of the ordinance.
11.Other Requirements: The Special Permit conditions listed herein do not preclude
compliance with other applicable UDC and Building Code Requirements.
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.
Page 2 of 4
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. The Comprehensive Plan Future Land Use Map is amended by this
ordinance to reflect a commercial land use designation on the Property. If the Special
Permit on Tract 1 expires, the Future Land Use Map designation of Tract 1 shall revert
to medium density residential uses.
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 3 of 4
The foregoing ordinanc was read for the first time and passed to its second reading on
this the IS- ay of A 6 , 20 1 Lpby the following vote:
Nelda Martinez _4 _ Brian Rosas ___01,6L
Rudy GarzaLucy Rubio 1. .1 0
Chad Magill +17-/— Mark Scott I
I ___0I
Colleen McIntyre 1i.4,. Carolyn Vaughn
Lillian Riojas --0, I
The foregoin rdinance as read for the second tim and passed finally on
this the I ay of , 20 IV, by the following vote:
Nelda Martinez i. .Al Brian Rosas -4
Rudy Garza , Lucy Rubio /
Chad Magill Mark Scott adIf I
le
__aColleen McIntyre Carolyn Vaughn
Lillian Riojas _If_ .
cfi'-
PASSED AND APPROVED this the I day of 411,t 0 20 i(fi
ATTEST:
1 LQ-/ 2- -‘ 14 "' "h"‘ CC
Rebecca Huerta Nelda Martinez
City Secretary Mayor
EFFECTIVE DAT
I 0A-1-4--
Ordinance forCG-2 and Special 'ermit_1115-01 Charlie Thomas'Courtesy Ford Page 4 of 4
030734
STATE OF TEXAS
COUNTY OF NUECES
ELIZONDO&ASSOCIATES
5805 CALLAGHAN RD. STE. 109
PHONE (210) 375-4128
FAX (210) 375-5130
"EXHIBIT A"
CG-2 Zoning Area
A 9.8511 acre tract of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills,a subdivision in the City of
Corpus Christi, Nueces County,Texas, according to the map or plat thereof recorded in Volume 64, Page
195-196, Map Records, Nueces County, Texas, being more particularly described as follows:
COMMENCING at an"X"scribed in concrete at the north corner of said Lot 5, being in the southwest
right of way line of McArdle Road;
THENCE South 29°01' 30"West,with the west line of said Lot 5, a distance of 100.00 feet to the
north corner of the herein described tract, same being the POINT OF BEGINNING;
THENCE South 61° 02' 06" East, a distance of 991.51 feet to the northeast corner of the herein
described tract, being in the east line of said Lot 6;
THENCE South 29° 03' 53" West, with the east line of said Lot 6, a distance of 397.57 feet to the
southeast corner of the herein described tract and said Lot 6;
THENCE North 61° 03' 31" West, with the south line of said Lot 6, a distance of 554.39 feet to an
angle point of the herein described tract, said point being in the east line of said Lot 5;
THENCE South 29° 01' 30" West, with the east line of said Lot 5, a distance of 80.00 feet to the
southeast corner of said Lot 5;
THENCE North 60° 57' 27"West, with the south line of said Lot 5, a distance of 436.84 feet to the
southwest corner of the herein described tract and said Lot 5;
THENCE North 29° 01' 30" East, with the west line of said Lot 5, a distance of 477.20 feet to the
POINT OF BEGINNING and containing 9.8511 acres(429,114 square feet)more or less.
16446 i s Er�'�7J'
•• `. 10/12/2015
Enrique C.Elizondo, R.P.L.S. No. 6386 9 6386 *-7.
4-"D stifrit03
EXHIBIT A
CG-2 ZONING AREA EXHIBIT L
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FIELD NOTE DESCRIPTION P.O.B. A
9.8511 acres of land Ina portion or Lots 5 and 6.Block 1 or Dusty Mlle.a
subdivision In the Clly Cl Corpus Christ Norms County,Texas.according to the
map or plat thereof recorded In Volume 64.Page 106-106.Map Records,
Stances County.Texas.being more particularly desabed In Exhibit A.and
made a pen of hereto. A� f
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I.Enneae C.ERepndo.a Registered Professional lana Surveyor do hereby certify
that lose plaat reprend substantiallyentan(actual surveymodeon he ground under my
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Phone:(210)315-4128 Fa.:(not 315-5130 7'(� knowledge and �visible :¢m nay a October,2015
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San Antonio.Texas 16216 .39.
TEAM LICENSED 90802 NG
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EXHIBIT
texas Registration 0 6J86
STATE OF TEXAS
COUNTY OF NUECES
ELIZONDO&ASSOCIATES
5805 CALLAGHAN RD. STE. 109
PHONE (210)375-4128
FAX(210)375-5130
A 100 foot wide tract being 2.2763 acres of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills,a
subdivision in the City of Corpus Christi,Nueces County,Texas,according to the map or plat thereof
recorded in Volume 64, Page 195-196, Map Records, Nueces County,Texas, being more particularly
described as follows:
BEGINNING at an°X°scribed in concrete at the north corner of said Lot 5, being in the southwest
right of way line of McArdle Road,
THENCE South 61°02'08°East,with the northeast line of said Lot 5 and Lot 6 and the southwest
right of way line of McArdle Road,a distance of 991.57 feet to an'X"scribed In concrete at the north
corner of said Lot 6;
THENCE South 290 03'53'West,with the east line of said Lot 6,a distance of 100.00 feet to the
southeast corner of the herein described 100 foot wide tract;
THENCE North 61°02'1:18-West, a distance of 991.51 feet to the southwest corner of the herein
described 100 foot wide tract,being in the west line of said Lot 5;
THENCE North 29°01'30°East,with the west line of said Lot 5, a distance of 100.00 feet to the
POINT OF BEGINNING and containing 2.2763 acres(99,154 square feet)of land,more or less.
,OF r�
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Enrique C.Elizondo R.P.L.S.No.6386 ;•»•»» ab0
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EXHIBIT C
_I 100'CN-1 ZONING AREA EXHIBIT L
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FIELD NOTE DESCRIPTION Wino ti4 1.
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A 100 fool wide tract no 2.2783 acres of land In a portion at Lots 5 and B, 2
Block 1 of(lusty Ms,a subdivision NI the My ol Cage Christ,Nueces County,
Texas,accorolnp to the map or plat thereof recorded In Volume 60.Pape
195-196.Map Records,Nueces County.Texas.bio more parfo4ady
desctibed In Exhibit A'and made a part of hereto, A
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Enrique C.Eheanda, s
Registered P Lewd Surveyor d0 hereby cwtily
knot s pia repro survey mode n the ground under my
superviskon ond substantially antial with the standar s for and
Drawn By:LJG I "`
ying in
Te set forth h ny the Le os Baad of Prolesmonal Land Su.veyag
d that mere b o hots w visible easements,to the hest of my
Survey Date:10/12/2015( eaowedge ono ocher except our shoe,here!,. It.,loll day a October,2015
Poore:(210)375-4128 d,0(210)3)5-5134.
5805 Callaghan Rood,Suite 109
Soo Antonia,Texas 78228
TEXAS LICENSED SURVEYING
FINN No.w..eO.m..93weleuen 864 "".F �1
Ate:." e�•.•r
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( FNRIOLT C_I:IAZ(1V DO
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(ILI EXHIBIT D — ��°;P,,
Enna:Regiser ,oda )14/7ss,.:`.J
Ellzondo b Associates Texas'Registration No 5356 Bu veya .S U Rte"-
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EXHIBIT E
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad#860835
PO#
Before me,the undersigned,a Notary Public,this day personally came C LC(W SW) ,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 12/27/15 Sun
CC-Internet- caller.com 12/27/15 Sun
LEGAL SALES REPRESENTATIVE
On this /1 day of /Y14 ,20 !tAl I certify that the attached document is a true
and exact copy made by public r.
Notary Public,State of Texas
" , MICHELLE JOYCE CABRERA
. -c lei My Notary ID#124864183
`x;. ;tfD Expires March 19,2020
CORPUS CHRISTI
( attthiinteattet4tmeti I callercom
Sales Rep:Georgia Larson(C9190) Phone:(361)886-4307 Email:gcorgialimson�i ealler.com
Date: 12132%15 This is a proofofyour ad scheduled to run on the dates indicated belotti.
Please confirm
Iacement prior to deadline by contacting your account
Account Number: 172983(CC18138) P
Company Name:CITY OF CORPUS Cl IRIS'IT rep at(361)886-1307.
Ad Id:860835 P.O.Number total Cost:$558.00
Contact Name:
(mail:lawsonk!?callcrcom Tag Line:NOTICE O1'PUBLIC I TEARING TO CONSIDLR
Addntiss:PO BOX 9277.CORPUS CI IRIS 1T.TX.78.169.9277 Start Date: 12/27'15 Stop Date: 12/27415
Phone:(361)826-3636 Fa':(000)0004)000 Number of limes: 1 Class: 16130-Lcgals
Publications:CC-Corpus Christi Caller-Times.CC-Intemet-caller.com
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I agree this ad is accurate onJ as ordered.
NOTICE Of PUBLIC NEARING
TO CONSIDER REZONING
APPUCATION(S)IN THE CITY
CORPUS CHRISTI
Noise
hereby given that
the Corpus Christi City
Council wilt conduct a public
hearing on January 12,2016
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 app ication(s)
which are on file in Depart
mend of Development Ser
vices.Al said time d place
of hearing,persons&par
ties Interested may appear
before the City Ca omit
1. Case No.1115•Bl Charlie
Thomas'Courtesy Turd,
From the-11131"MInc.:
ultifamilyy
1 District, `RM AT" Mulli-
famJy AT District. "PM 3"
Muhtlamily 3 District and
tie "CN r Neighborhood
Commercial District to the
'CN-)"Neighborhood Com
mere ial District(Tract 1)and
the 'CG-2` General Com-
mercial District (Tract 2).
The property to be rezoned
is described as a 100 foot
wide tract being 2.2763
acres of land(Tract 1)and
a 9.8511 acre tract of land
(Tract 2)in a portion of Lots
5 and 6.Block I,Dusty Hills,
located along the south Side
of McArdle Road between
Prince Drive and Clare Drive.
2. Case Na. 1215.1 Vella•
man, tiC: From the 'WV
Office District to the'CN
r Neighborhood Commer-
cial
ommercial District. The property
to be rezoned is described
as Lot 1. Block 1, Bridges
Mill Village Unit I.located
on the northeast corner of
KostoryYz Rod and Master
son Drive.
3. Case No. 1215412 LWW
Enterprises,41.C:From the
RM.S3' Multifamily 3 Dis
trict to the 'cr Intensive
Commercial O-strict, The
Property to ee rezoned Is
described as Lot 14,Block
13,Central Wharf and Ware
house Company's Subdivi
son (commonly described
as South Bluff).located on
the north side of Laredo
Street between South Sta
pees Street and Kang Street.
4. Case No. 121541 eaque
Emtwer From the P.5.6'
Single Family 6 District to
the 'RM r Multifamily l
District. The property to
be rezoned is described as
being a 0.671 acre tract of
land being the south 55.0
feet of Lot 23. and all of
lot 24. Block 6, WOOdlawn
Estates, totaled on the
northeast corner of Clare
Drive and Williams Drive.
S.Case No 121144 lora Duos
Wabbc From the 9H'Heavy
Indus UCH Districttothe-RE-
Residential Estate District.
The property to be rezoned
is described as being a 2.00
acre tract of land. of the
R'ncon del Oso Grant to
Enrique Villarreal,Abstract
1.Survey No.142.out of a
17,75 acre tract described
as Real Properly 1. In an
Inventory and Appraise
meat Document No.262134
1 as recorded in Volume
703.Page 139 of the Court
Records of Nueces County
Texas.be`rr0 a portion of a
29.67 acre tract tatted the
Katie and Alice Duren Home
tracand being a In the�tDocument
110 acre tract described in
a deed frau Jonas Pickles,
et us,Eta Pxkles to John
Dumf as retorted in Volume
H. Page 627 of the Deed
Records of Nueces County,
Texas,located approximate
ly 850 feet south of Up River
Road and east of County
Road 52A and west of tan
tans Street,
information may be obtained
by calling or visiting the
Department of Development
Services at(361)826-3240.
2406 Leopard Street.
/s/Rebecca Huerta
City Secretary
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 901491
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 01/25/16 Mon
CC-Internet - caller.com 01/25/16 Mon
LEGAL SALES REPRESENTATIVE
On this day of RIO ! f', 201 CI certify that the attached document is a true
copyby
and exact made publisher.
Notary Public, State of Texas
MICHELLE JOYCE CABRERA
WAV
My Commission Expirii era
March 19,2015 o
s'vEur W
-11
rn
Q7
N C`
N
b f
z
cn �`
CALLER-TIMES C< Monday,January 25,2016 a 3E
g
Le ais ,i ,'
NOTICE OF PASSAGE OF mercial District;NO.030737,
ORDINANCE(S) Ordinance amending the
NO. 030733, Ordinance Unified Development Code
amending the Unified Devel- ("UDC"),upon application by
opment Code("UDC"),upon Roque Enriquez ("Owner"),
application by Edward Gon- by changing the UDC Zoning
zalez ("Owner"), by Chang- Map in reference to'a 0.671
chang-
ing the UDC Zoning Map in acre tract of land being the
reference to Lot 21,Block 2, south 55.0 feet of Lot 23,and
The Coves at Lago Vista Unit all of lot 24, Block 6,Wood-
3,from the"RE"Residential lawn Estates,from the"RS-
Estate District to the"RS-22" 6" Single Family 6 District
iSingle Family 22 District;NO. to the "RS-TH" Townhouse
t 030734, Ordinance amend- District; NO. 030738, Ordi-
ing the Unified Development
d
Code ("UDC"), upon appli- Developmence diCode("UDCthe "),
cation by Charlie Thomas' upon application by John
Courtesy Ford,Inc.on behalf Dunn Walsh ("Owner"), by
of Patrick and Amy Nolan changing the UDC Zoning
("Owners"),by changing the g
Map in reference to a 2.00
UDC Zoning Map in•refer-
acre tract of land, of the
ence to a 100 foot wide tract
being 2.2763 acres of land Rincon del Oso Grant to
(Tract 1) and a 9.8511 acre Enrique Villarreal, Abstract
tract of land (Tract 2) in a 1, Survey No. 142, out of a
17.75 acre tract described
portion of Lots 5 and 6,Block
as Real
1,Dusty Hills,from the"RM- Property, 1, inan
1" Multifamily 1 District, Inventory, and Appraise-
"RM-AT" Multifamily AT meet Document No.262134-
District, "RM-3" MQltifami- 1 as recorded in Volume
ly 3 District and the "CN-1" 703, Page 139 of the Court
Neighborhood Commercial Records of Nueces County
District to the "RM-1/SP" Texas, being a portion of a
Multifamily 1 District with 29 67 acre tract called the
a Special Permit (Tract 1) Katie and Alice Dunn Home
and to the "CG-2" General tract, in the said Document
and being
Commercial. District (Tract portion of a
s
2); NO. 030735, Ordinance 110 acre tractt described in
a deed from Jonas Pickles,
amending the Unified Devel-
opment Code("UDC"),upon et Dunn ux,
asli recorded in to John
I-
LLC ation by Venamex, .ume_ 14,—Page 627 of the
LLC ("Owner"), by'Chang- Deed Records of Nueces
ing the UDC Zoning Map in County,Texas,from the"IH"
reference to Lot 1, Block 1, Heavy Industrial District to
Bridges Mill Village Unit 1, the "RE" Residential Estate
from the"ON"Office District District;amending the Corn-
to the"CN-1" Ne ghbor Lood prehensive Plan to account
Commercial District;-:NO. for any deviations;and pro-
030736, Ordinance amend- viding for a repealer clause
ing the Unified Development and publication.These ordi-
Code ("UDC"), upon appli- nances were passed and
cation by LWW Enterprises,
LLC("Owner"),by changing byptheeCo pon uscondristi City
the UDC Zoning Map in ref- Council on January 19,2016.
erence to Lot 14, Block 13, /s/Rebecca Huerta
Central Wharf and Ware- City Secretary
house Company's Subdivi-
sion (commonly described
as South Bluff), from the
"RM-3"Multifamily 3 District
to the "Cl" Intensive Com-