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HomeMy WebLinkAbout031359 ORD - 02/13/2018 Ordinance amending the Unified Development Code ("UDC"), upon application by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to the property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, from the "ON" Neighborhood Office District and 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 Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("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, a public hearing was held on Wednesday, November 15, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit(SP)with conditions, and ----------------------en-Tuesday, January 30, 2018, 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 Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr("Owner'), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road ---------------and-south of South Alameda Street (the "Property"), from the"ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (Zoning Map No. 042037), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 031359 INDEXED 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Sales" as described per the Unified Development Code (UDC). No on-site repair work of any type may be performed. 2. Auto Sales: The auto sales use is limited to no more than twenty-five (25) vehicles for sale at one time. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Speakers: Outside paging, speakers, telephone bells, or similar devices are prohibited. 5. Screening Fence: A standard screening fence with a height of not less than six (6)feet must be located and/or maintained along any property line shared with a residential use. The fence must be installed before a certificate of occupancy is issued. 6. Hours of Operation: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 7. Landscaping: Landscaping must be provided in accordance with the vehicular use area requirements of the UDC. All landscape material must be kept in a healthy and growing condition at all times. All landscape material must be installed before a certificate of occupancy is issued. 8. Signage: No signs are to be installed on Dorthy Street except for the purposes of emergency or directional information. 9. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Dorthy Street. 10.Access: Access to or from Dorthy Street is prohibited. 11.Dumpster Screening: Any dumpster located on the Property shall be effectively --screened from view by means of a screening fence or landscaping. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 13.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building K:DevebpmenISvosVSHARED\ZONING CASES\201710717-01 AInch Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon.JnCouncil Documents\Ordinance 0717-01 Special Permit Alnch Enterprises,DBA Richard Sanchez Motors&Ben L.He(Mon.docx Page 2 of 4 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 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. K\DevelcpmenISvcsISHAREDIZONING CASES @017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr1Council Documents Ordinance0717-01_Special PermitAIncb Enterprises.OBA Richard Sanchez Motors&Ben L. Herndon docx Page 3 of 4 That the foregoing cgclitmce was ead for the first time and passed to its second reading on this the day of tin,(-(4.1,6-7.)18, by the following vote: Joe McComb L.. 1 Ben Molina 1..,, Rudy Garza 0 d ' Lucy Rubio fel= Paulette Guajardo K2 , f Greg Smith 41 I Michael Hunter ta I Carolyn VaughnC a Debbie Lindsey-Opel That the force oing ord'Once was read for the second time and passed finally on this the 13 day of : vJ ,a.42 018, by the following vote: Joe McComb A/ 1 Ben Molina _ I Rudy Garza i - Lucy Rubio !A Paulette Guajardo 1 ) li, ' / Greg Smith Michael HunterId �, Carolyn Vaughn 1`J 1/ Debbie Lindsey-Opel �.A PASSED AND APPROVED on this the I day of LOVA ' 2018. ATTEST: • 1-- - 4 / 1 ' -- El . , e .:_ A ta i44/ ' Rebecca Huerta Jo f cComb pity Secretary M. ar EFFECTIVEDMENIWG CASES1201710717-01 Ainch Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Hemdon,Jr1Council Docuents\Ordi nce 0717-01_Spesial Permit_Alrich Enterprises,DBA Richard Sanchez Motors&Ben L.Herndon.docx A lei. 1 X31359 Page4of4 017 1 1 a M n 4I1I ..$1i 11IIILu ct 0111ii.r. o -I A 42- 41 4111111111111 ,_ '/ ANk 4 13 Z. 0r '„ t4112- 10 SUBJECT] p :: c N- 1 1I PROPERTY Alik :1 III /AI* 180 •. E � � W '''''IR/ -6 � 2 P v, 20 / Q 4.**2 W”' 9`1 7 ®CN-;'15 , W.11111* 11111141tki OM SR�0 r CN81. Al HUGO DR ' 4111-4;//.1440*4ikhhh.** mi.: Iiiiiiist C Cf :a� cII Q 1111,t) 4V3,,, o44,„„ . ,.., CIV- 1 SHAMROC A K DR _� 1 T n Dere reefed:7/: 0.1,7 Allibe 4 400 8r r Prepared By:Jeremy FeeIIIII D=•anme t of Development Service's CASE: 0717-01 ZONING & NOTICE AREA RM-1 Multifamily 1 IL Light Industrial -9 RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay Slop ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family a4649,,. CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 `'rF 4 CN-2 Neighborhood Commercial RS-TF Two-Family 4n4,4:0 CR-1 Resort Commercial RS-15 Single-Family 15 412 CR-2 Resort Commercial RE Residential Estate 44j- r'0.4 CG-1 General Commercial RS-TH Townhouse �� CG-2 General Commercial '� SP Special Permit ��.� SUBJECT Cl Intensive Commercial RV Recreational Vehicle Park Park CBO Downtown Commercial �1 PROPERTY RMH Manufactured Home / 4pq CR-3 Resort Commercial IHFR Farm Rural /......,,..y.. Historic Overlay N ,BP Business Park ,��> p p o..o -1-:PO 1^!Subject Property O Owners Cityof win 200'buffer ,n favor / 4 Oww ren4hrn200'hstedon O.,^e's LOCATION MAP Christi 9ttacnedovr^ersnro'ewe. X,:,avcos.c, Exhibit A PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 1879167 PO # Before me. the undersigned, a Notary Public, this day personally came CSL La U'Scy? -who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATI VEAND 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 Patricia 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 01/07/18 Sun CC-Internet - callercom 01/07/18 Sun LEGAL SALES REPRESENTATIVE dh On this It day of �q nuaJ--4 , 20 I Q I certify that the attached document is a true and exact copy made by p'blisher. `,- SYLVIAP PEfl'cZ N y ublic. Stat Texa -F"` A 14 My NctarylOk 126819019 Expires February 27,2021 1 CALLER.COM I SUNDAY, JANUARY 7, 2018 I 5E Legals 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 January 23,2018 during a regular Council meeting which commences at 11:30 a.m. in the Council Chambers, City Hall, 1201 Leopard Street, to consider the following zoning appli- cation(s) which is/are on file in the Department of Development Services. At said time&place of hearing, persons&parties interested may appear before the City Council: Case No.0717-01 Alrich Enter- prises Inc., DBA Richard Sanchez Motors and Ben L. Herndon, Jr: From the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" Gen- eral Commercial District. The property is described as being Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road,north of McArdle Road and south of South Alameda Street. /s/Rebecca Huerta City Secretary PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 1928278 PO # Before me, the undersigned, a Notary Public,this day personally came 6 . who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATI VE 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, Refugia,and San Patricia, 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 02/19/18 Mon CC-Internet - caller.com 02/19/18 Mon LEGAL SALES REPRESENTATIVE �h On this t� day ofFebr uQ 0-6 . 20 I I certify that the attached document is a true and exact copy made by publisher. Y/9'4--J0' rYLV!AP PEREZ Notary pLcc,`State ofTexas N M1 2,�y ID 126819013 _f�_n:: E;pr February 2I,2921 CALLER.COM 1 MONDAY, FEBRUARY 19, 2018 I 9B NOTICE OF PASSAGE OF ORDI- NANCE(S) NO. 031359, Ordinance amending the Unified Devel- opment Code("UDC"),upon application by Alrich Enter- prises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zon- ing Map in reference to the property described as 1(001- side, Block 6, Lots 24 and 25 less portion to right-of- way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Per- mit; amending the Compre- hensive Plan to account for any deviations; and provid- ing for a repealer clause and publication. This ordinance was passed and approved on second reading by the Corpus Christi City Council on February 13 2018. /s/Rebecca Huerta City Secretary