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HomeMy WebLinkAbout030843 ORD - 05/17/2016 Ordinance amending the Unified Development Code ("UDC"), upon application by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 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 Alex Azali on behalf of Dorsal Development, LLC ("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, April 6, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the requested "RM-2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit with a modification to the Special Permit conditions to prohibit balconies on any building from facing adjacent single-family development, and on Tuesday, May 10, 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 by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive(the "Property"), from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit in accordance with the Staff Recommendation (Zoning Map No. 040032), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, 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 following conditions: 1. Uses: All uses allowed in the "RM-1" Multifamily 1 District. 2. Density: The maximum density shall be 26.51 units per acre. 030843 INDEXED 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. Balconies: No balcony on the most northern buildings shall face adjacent single- family development. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete 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. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. 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 foregoing ordinance was read for the first time and passed to its second reading on this the )is', -day of -'n, ((,LL , 20f(7, by the following vote: C Nelda Martinez 1.2! Brian Rosas l Rudy Garza 1 , f Lucy Rubio I i i � Michael Hunter Mark Scott Chad Magill 1. 4! Carolyn VaughnColleen McIntyre , 0 The foregoin rdinance was read for the second tim and passed finally on this the I ay of n (X , 201_. by the following vote: Nelda Martinez I II Brian Rosas I. , Rudy Garza It., Lucy Rubio 1.!.../ IMichael Hunter Mark Scott . Chad Magill , t! Carolyn Vaughn �_ !, I Colleen McIntyre �. , PASSED AND APPROVED this the lldayof , 20 kte . ATTEST: 134,e„exc- (A.L4r- (1\— — Re ecca Huerta Nelda Martinez City Secretary Mayor EFFt_OMVE DATE -- -53 ( )( Ordinance_Special Permit-Staff Recommendation ') 3 Q 8 4 3 Page 3 of 3 MURRAY BASS,JR.,P.H.,FURLS. 5054 S.ALAMEDA,zip 78404 NIxoN M.WELsu,P.E,R.P.LS 361 882-5521—FAX 361 882-1265 www.bass-welsh.com c-mail:IDorravirCaaol.com e-mail:glxmwfaaoLcom BASS &WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 December 14,2015 STATE OF TEXAS § COUNTY OF NUECES § Description of an 13.814 acre tract of land,more or less,a portion of Lots 13 and 14,Section 27,Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 'A",Pages 41—43, Map Records,Nueces County,Texas,said 13.814 acre tract as further described by metes and bounds as follows: BEGINNING at the westernmost corner of Morningstar Estates Unit 3, a map of which is recorded in Volume 67,Pages 329 and 330,said map records,said beginning paint for the northernmost corner of the tract herein described; THENCE along the a west central boundary line of said Morningstar Estates Unit 3 S61°22'51'E 375.10'to a point for the northernmost east corner of the tract herein described and southernmost corner of Lot 26, Block 5,said Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 S28°46'49"W 324.95'to a point for central interior corner of the tract herein described and westernmost corner of Lot 18, said Block 5, Morningstar Estates Unit 3; THENCE along a southwest bounAary line of said Morningstar Estates Unit 3 and along a west central boundary line of Morningstar Estates Unit 2,a map of which is recorded in Volume 66,Pages 75 and 76,said map records,S61'22'511E 400.00'to a point for the northwest corner of Lot 11,Block 5,said Morningstar Estates Unit 2 and easternmost corner of the tract herein described; THENCE along a southwest boundary live of said Morningstar Estates Unit 2 S28'3709"W 618S7'to a point for the southernmost corner of the tract herein described and northeasterly right-of-way corner of Wooldridge Road; THENCE along the northeast right-of-way line of said Wooldridge Road,being along a line 36.75'northeast of and parallel to the centerline of said Wooldridge Road, N61°21'24"W 776.84' to a point for the westernmost corner of the tract herein described in the southeast boundary line of The Forum Mall,Block 1, Lot 2R,a map of which is recorded in Volume 53,Page 115,said map records; THENCE N28°46'49"E 943.19'along said southeast boundary line of The Forum Mall,Block 1,Lot 2R and along the southeast boundary line of George Estates,a map of which is recorded in Volume 68,Pages 456 and 457,said map records, to the POINT OF BEGINNING, a sketch showing said 13.814 acre tract being attached hereto as Exhibit"B". " 0 F - a/t, ii/A'eef „lb:*' * d.''. Nixon M.Welsh,R.P.LS. • pp(o ihe:WE1SH , %too?no's iia ;cpwa- EXHIBIT "A„ • Page 1 of 1 '4f0,,, RNjH `p 6l�lq 4-‘1,, 11'? . �i ti4 � 0 3s rfs N s 1• ti 330_G4'Ir As. 11/` Z� ����� �� At R,3 4f:'' 510 +�� �� U�pb R1 O,n I, Z2 �yZq A. I Qi b �( �• �• ILQ tiQ b 2 01 2'- 0 6), 0- tiw J2 ',4 3' b ... ¢- A' i'3 "c" S 4� •Cam 1 ~ 4 4. a O p� 1•• -- .ti`` ti ~off PROPOSED /`/- TRACT, 13.814 AC! (1/ / to cb ti / k.q.' FB & EF GT, CU co •S 'C SECT 7 /-..4/N143.. to \!Y61 e -'4 ® 4.14, ff•d s£,Q/,try ` // 0 Pio' rkk yL. G� -$q. / n r SeCT14k 'CO ' ' `�� 0 100' 200' 400' P8 f b SCALD 1'= 200' EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION BASS AND WELSH ENGINEERING 1'••200' CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52. FILE: DO-ZONING. JOB NO. 15054, SCALE: 1' - 200' PLOT SCALE: SAME. PLOT DATE: 12/14/15, SHEET 1 OF 1 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 1053179 PO# Before me, the undersigned, a Notary Public, this day personally came G 1/4--C'`")Son , 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 04/24/16 Sun CC-Internet - caller.com 04/24/16 Sun LEGAL SALES REPRESENTATIVE On this day of C " — , 20 1 14certify that the attached document is a true and exact copy made by publisher. (k_J-- --S------ Notary Public, State of Texas :�*Y•"v '• MICHELLE JOYCE CABRERA E moi, My Notary ID#124864183 ' �\ Expires March 19,2020 'OF tt1E.: CALLER-TIMES a Sunday,April 24,2016 5E ' 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 May 10,2016 during a reg- ular Council meeting which commences at 11:30 a.m. in the Council Chambers, City Hall,1201 Leopard; to con- sider the following zoning application(s) which is on file,in the Department of Development Services. At said time&place of hearing, persons&parties interested may appear before the City Council: 1.Case No.0316-02 Alex Azali: From the"RM-1"Multifamily 1 District to the"RM-2"Mul- tifamily 2 District.The prop- erty is described as being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Gar- den Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. 2. Case:.No. 0316-04 NP Homes, LLC: From the "FR" Farm Rural District and"IH" Heavy Industrial °District to the "RS-6" Single-Fami- ly 6 District and "FR" Farm Rural District. The proper- ty is described as Being a 28.228 acretract of land described by Deed Docu- ment No.200401783,-Official Records:of Nueces County, Texas,'containing two tracts of land:Tract1;being 21.568 acres out of a 25.998 acre tract of land (Parcel 2); and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract (Parcel 1) and a portion of 25.998 acre tract (Parcel 2), located on the east side of Rand Morgan Road between McNorton Street and Goodnight Loving Trail. 3. Case No. 0316-05 TG 110 Samuel Place,LP: From the "RS-TF/SP"TWo Family-Dis- trict with a Special Permit to the -"RM-1" Multifami- ly 1 District. The property is described as Carrollton Annex 3,Block C,located on the west side of Carroll Lane between Copus Street and Houston 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 # 1099616 PO # Before me, the undersigned, a Notary Public, this day personally came Geo tit C.4 '7, 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 05/23/16 Mon CC-Internet - caller.com 05/23/16 Mon LEGAL SALES REPRESENTATIVE On this 1 day of PA . 20 (C.el certify that the attached document is a true and exact copy made by publisher. Notary Public, State of Texas .....'%''• MICHELLE JOYCE CABRERA �� My Notary ID#124864183 ';r.• ; Expires March 19,2020 Le :6 WI s ; nr 910 2E»Monday, May 23,2016)0 CALLER-TIMES �; � ANO 030847,Ordinance repeal- , ing and reenacting The Code NOTICE OF PASSAGE OF k,"- of Ordinances, City of Cor- ORDINANCE(S) pus Christi Chapter 14,Arti- NO.030843,Ordir anceamend- cle II, City of Corpus Chas- ing the Unified Development ti Technical Construction Code("UDC"),upon applica- Codes Divisions 1-8: Divi- tion by Alex Azali on behalf sion 1, "Scope and Admin- of Dorsal Development, LLC istration of Technical Con- ("Owner"),by changing the struction Codes," Sections UDC Zoning Map in refer- 14-201 thru 14-207. Division ence to a 13.814 acre tract 2,"Building Code and Exist- of land out of a portion of ing Building Code,"Sections Lots 13 and 14, Section 27, 14-231 thru 14-232. Division Flour Bluff and Encinal Farm 3,"Electrical Code,"Section and Garden Tracts,from the 14-241. Division 4, "Energy "RM-1"Multifamily 1 District Conservation Code,"Section to the "RM-1/SP"-Multifam- 14-251.Division 5,"Fuel Gas ily 1 District with a Special Code," Section 14-261. Divi- Permit; sion 6, "Mechanical Code," NO. 030844, Ordinance Section 14-271. Division 7, amending the Unified Devel- "Plumbing. Code," Section opment Code("UDC"),upon 14-281.,Division 8,"Rc iden- application by NP Homes, tial Code,"Section 14-29L LLC on behalf of Double T& 1 These ordinances were C Properties,Inc.("Owner"), passed and approved on by changing the UDC Zon- second reading by the Cor- ing Map in reference to a j pus Christi City Council on 28.228 acre tract of land May 17,2016. described by Deed Docu- /s/Rebecca Huerta ment No.200401783,Official City Secretary Records of Nueces County, Texas,containing two tracts of land: Tract 1,being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, from the "FR" Farm Rural District and" "IH" Heavy Industrial District to the "RS-6" Single-Family 6 District and to the"FR"Farm Rural District;and NO. 030845, Ordinance amending the Unified Devel- opment Code("UDC"),upon application by TG 110 Sam- uel Place, LP on behalf of HCS 310 LLC ("Owner"), by changing the UDC Zoning Map in reference to Carroll- ton Annex 3, Block C, from the "RS-TF/SP" Two-Fam- ily District with a Special Permit to the "RM-1" Multi- family 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. NO. 030846, Ordinance amending the Wastewater Collection System Master Plan- Greenwood Waste- water Master Plan.Service Area,Area 5,an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by adding two lift stations, adjusting lift sta- tion basin boundaries, and realigning the proposed wastewater collection lines; amending related elements of the Comprehensive Plan of the City; providing for severance;and providing for publication;and