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HomeMy WebLinkAboutAgenda Packet City Council - 03/04/2014 (SP) a Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final City Council Tuesday, March 4, 2014 5:00 PM Council Chambers SPECIAL COUNCIL MEETING Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. C. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. D. REGULAR AGENDA: The following items are motions, resolutions and ordinances that will be considered and voted on individually. 1. 13-001016 Emergency Ordinance -Rezoning from the "RS-6" Single-Family 6 District and the "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District, on property located at 5429-5505 Cain Drive, 5633 South Staples Street and 5502-5506 Holly Road. Case 1113-02 Old Lipan Limited: A rezoning from the "RS-6" Single-Family 6 District and the "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from low-density residential uses to commercial uses. The property to be rezoned is described as Lots 4, Corpus Christi Page 1 Printed on 3/3/2014 City Council Meeting Agenda-Final March 4,2014 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 Staples Street. Staff Recommendation: Denial of the rezoning to the "CG-2" General Commercial District and denial of a Special Permit to allow a mini-storage facility. Planning Commission Recommendation (January 29, 2014): Denial of the "CG-2" General Commercial District and denial of a Special Permit for a mini-storage facility as a result of a split vote. Ordinance Ordinance 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. Attachments: Agenda Memo-Old Lipan Limited, Cain Drive and Holly Road Emergency Ordinance-Old Lipan Limited Limited, Cain Drive and Holly Road Zoning Report-Old Lipan Limited, Cain Drive and Holly Road Public Comment Summary-Old Lipan Limited, Cain Drive and Holly Road Aerial Map/Presentation-Old Lipan Limited, Cain Drive and Holly Road E. ADJOURNMENT Corpus Christi Page 2 Printed on 3/3/2014 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of February 25, 2014 Second Reading Ordinance for the City Council Meeting of March 18, 2014 DATE: January 30, 2014 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Single-Family Residential and Neighborhood Commercial to General Commercial By Old Lipan Limited Property Addresses: 5429-5505 Cain Drive, 5633 South Staples Street & 5502-5506 Holly Road CAPTION: Case No. 1113-02 Old Lipan Limited: A change of zoning from the "RS-6" Single-Family 6 District and "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from low density residential to commercial uses. 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 Staples Street. PURPOSE: The purpose of this item is to rezone the property to allow a high intensity commercial use. RECOMMENDATION: Staff Recommendation: • Denial of the rezoning to the "CG-2" General Commercial District. • Denial of a Special Permit for a mini-storage facility. Planning Commission Recommendation (January 29, 2014): • Denial of the rezoning to the "CG-2" General Commercial District • Denial of a Special Permit for a mini-storage facility as a result of a split vote (4-4). BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS-6" Single-Family 6 District and "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District to allow higher intensity commercial uses, specifically a mini-storage facility. The requested change of zoning would allow commercial uses such as bars, vehicle sales and service facilities, and mini-storage facilities, which are not compatible with the surrounding residential subdivision. The proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the portion of the property fronting Cain Drive for low density residential uses and the portion of the property fronting Holly Road for neighborhood commercial uses. The proposed rezoning would significantly alter the character of the neighborhood on Cain Drive, as would a Special Permit for a mini-storage facility. The proposed rezoning is not consistent with the land use and zoning patterns of the adjacent residential properties. A "CG-2" District would allow uses that are not compatible with the surrounding residential subdivision and could potentially increase traffic through residential areas on Cain Drive, which is a local residential street. The Planning Commission recommended at the first hearing that a Special Permit be created by staff. A Special Permit with 10 conditions was developed and Planning Commission entertained a motion to approve the Special Permit at the second hearing. The proposed motion failed to be approved by Planning Commission with a 4-4 tie vote. A petition was signed by 54 households in the Gardendale Subdivision in opposition to the proposed rezoning for a mini-storage facility. Public comments are included. Two properties within 200 feet of the subject property are opposed to this rezoning, totaling 7.55% of the 200-foot area. ALTERNATIVES: • Deny the request. • Rather than approving the "CG-2" General Commercial District, Council may approve a Special Permit for a mini-storage facility subject to the following conditions, which were considered by Planning Commission, or Council may modify the 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. 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. Buildings and paving are prohibited within this setback. All other building setbacks shall comply with the UDC. 4. 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. 5. Screening Fence: A minimum six-foot tall solid wood screening fence is required between the mini-storage facility and the residential uses and along the 35-foot wide building setback line along Cain Drive where a building does not serve as the visual screen. 6. 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. 7. Building Height: Buildings shall not exceed 26 feet where adjacent to a residential use. Otherwise, the maximum building height shall be 36 feet. 8. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. 9. Signage: No wall- or pole-mounted signage is allowed on Cain Drive or facing a residential use. 10.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. OTHER CONSIDERATIONS: Due to the tabling of this item at the February 25th Council meeting, this item will be considered as an emergency ordinance on March 4th in order to fulfill the Unified Development Code's requirement that Council take final action on a rezoning application within 45 days from the date the request for Council action and the final report recommendation of the Planning Commission is made. CONFORMITY TO CITY POLICY: The proposed rezoning is not consistent with the City's Future Land Use Plan or the Comprehensive Plan, which protects the Gardendale neighborhood from commercial encroachment. EMERGENCY/ NON-EMERGENCY: Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit Emergency Ordinance with Exhibit Zoning Report with Attachments Public Comment Summary Aerial Overview Map/Presentation Ordinance amending the Unified Development Code ("UDC"), upon application by Old Lipan Limited ("Owner"), by changing the UDC Zoning Map in reference to Lots 4, 513, 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 10 conditions and maintaining the existing base zoning districts on Lots 4, 5137 67 7A7 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 Exhibit "A." Exhibit A, which is a location and zoning map pertaining to 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 following 10 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. 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. Buildings and paving are prohibited within this setback. All other building setbacks shall comply with the UDC. 4. 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. 5. Screening Fence: A minimum six-foot tall solid wood screening fence is required between the mini-storage facility and the residential uses and along the 35-foot wide building setback line along Cain Drive where a building does not serve as the visual screen. 6. 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. 7. Building Height: Buildings shall not exceed 26 feet where adjacent to a residential use. Otherwise, the maximum building height shall be 36 feet. 8. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. 9. Signage: No wall- or pole-mounted signage is allowed on Cain Drive or facing a residential use. 10.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. 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. Page 2 of 4 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 ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 1113-02 Ordinance, Old Lipan Limited SP_rev02272014 Page 3 of 4 Corpus Christi, Texas Day of 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, Nelda Martinez Mayor Council Members 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 Page 4 of 4 Q u Q b b NN�R Al? � b u h CG -2 w Q M M Q M d ti ~ U Z RS — 6 M u w w w ` u Q m c� M M � M M M M •v U M b c M �jNO R Q 0 b M GN- 2 10 RS - 6 w M CN- 1 SUBJECT PROPERTY RM- 3 4� Cl 4v CG -2 L Date Created:10/28/2013 0 400 800 Prepared By:LARK-jYF Feet Department of Development Servfices CASE: 1113-02 SUBJECT PROPERTY WITH ZONING q. ® Subject yo<<y m Property SUBJECT siOa P_ROPERTY b"', RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6a CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 i CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse ��� y Cl General Commercial SP Special Permit N Qv� CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial X RMH Manufactured Home E � CR-3 Resort Commercial / % yqo FR Farm Rural ��� City Of H Historic Overlay CO US BP Business Park LOCATION MAP Christi EXHIBIT A PLANNING COMMISSION FINAL REPORT Case No. 1113-02 HTE No. 13-10000036 Planning Commission Hearing Date: January 29, 2014 (tabled December 4, 2013) Applicant/Owner: Old Lipan Limited Representative: Mark Adame/ Bill Durrill 0 0-a Legal Description/Location: Lots 4, 5B, 6, 7A, 13, and the west half of Lot 5, Block 10, Gardendale Subdivision, located on Holly Road and Cain Drive, Q°d 0 approximately 400 feet west of South Staples Street. }, From: "RS-6" Single-Family 6 District and "CN-2" Neighborhood Commercial District .F n To: "CG-2" General Commercial District N Area: 4.2 acres Purpose of Request: To allow construction of a mini-storage facility. Existing Zoning Existing Land Use Future Land Use District "RS-6" Single-Family 6 Low Density Site & "CN-2" Neighborhood Vacant, Residential, Commercial Public/Semi-Public Public/Semi-Public & Commercial "RS-6" Single-Family 6 Vacant, Low Density Low Density North & "CN-1" Neighborhood Residential, & Residential & c Commercial Professional Office Commercial c Medium Density N "RM-3" Multifamily 3 & Residential, Medium Density c J South "CN-2" Neighborhood Commercial, Vacant Residential & y Commercial & Professional Commercial w Office "RS-6" Single-Family 6 East & "CN-1" Neighborhood Public/Semi-Public Public/Semi-Public Commercial West "RS-6" Single-Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for low cL c density residential uses on Cain Drive and neighborhood commercial uses on Holly Road. The proposed rezoning to the "CG-2" General Commercial District a c is not consistent with the adopted Future Land Use Plan or the Southside aArea Development Plan. Map No.: 043035 Zoning Violations: None Zoning Report Case#1113-02 Old Lipan Limited Page 2 Transportation and Circulation: The subject property has approximately 500 feet of street frontage along Cain Drive, which is a local residential street, c and 132 feet of street frontage along Holly Road, which is an "Al" Minor Arterial Undivided street. The subject property is located approximately 400 0 feet west of South Staples Street, which is an "A2" Secondary Arterial Divided CL street. According to the 9t" Edition Trip Generation Manual, the proposed c>s mini-storage would have an average of 140.25 daily weekday trips. If the 3.1-acre property was developed with single-family uses, the daily weekday trips could be a maximum of 147 trips. Other uses allowed in the "CG-2" General Commercial District could increase the trip count. Urban Traffic Proposed Existing Street Transportation Volume O Plan Type Section Section (2011) Holly Rd. "A1" Minor Arterial 95' ROW 80' ROW 16,721 ADT Undivided 64 paved 60 paved L Cn Cain Dr. Local Residential 50' ROW 60' ROW N/A 28' paved 28' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single- Family 6 District and the "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District to allow the construction of a mini-storage facility. A mini-storage facility is not considered a neighborhood commercial use. Development Plan: The proposed rezoning is within the Gardendale Subdivision. The applicant is proposing a mini-storage facility on a 4.2-acre tract of land. The proposed mini-storage will consist of 500 units, totaling 82,000 square feet of building area. At a minimum, the Unified Development Code would require a 20-foot wide front yard on Cain Drive and Holly Road. A buffer yard of 15 feet with 15 points would be required along the property lines abutting the "RS-6" Single-Family 6 District. The site is proposed to have access from Holly Road and no access is proposed on Cain Drive. Additionally, the applicant proposes to have a setback of 15 feet from the western property line with 2.5-inch caliper trees every 30 feet on center. Existing Land Uses & Zoning: North of the subject property, across Cain Drive, are professional offices and vacant land zoned "CN-1" Neighborhood Commercial District and a single-family dwelling zoned "RS-6" Single-Family 6 District. East of the subject property is a home health and hospice facility zoned "CN-1" Neighborhood Commercial District and "RS-6" Single-Family 6 District. South of the subject property is an office park and commercial facility zoned "CN-2" Neighborhood Commercial District, and an apartment complex across Holly Road zoned "RM-3" Multifamily 3 District. West of the subject property is a single-family dwelling zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Zoning Report Case#1113-02 Old Lipan Limited Page 3 Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG-2" General Commercial District is not consistent with the Southside ADP or the adopted Future Land Use Plan's designation of the property as low density residential. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - Rezone residentially zoned properties on Holly Road between Staples Street and Everhart Road to a neighborhood commercial district consistent with street traffic carrying capacity and protection of the abutting residential neighborhood (Southside Area Development Plan, Policy Statement B.9). o Allow office and commercial uses along Williams and Holly Roads, but prohibit those land uses typically found in the B-4 (CG-2) Zoning District, which are most offensive to residential properties. - Preserve and protect the residential nature of the Gardendale Neighborhood from Curtis Clark south to Cain Drive and from Everhart east to Staples (Southside Area Development Plan, Policy Statement B.10). o Prevent the development of non-residential uses into the interior of the neighborhood. - Limited commercial expansion will be allowed on either side of Staples Street and Everhart Road (Southside Area Development Plan, Policy Statement B.11). o Total depth of commercial expansion between Staples and Everhart Roads and the neighborhood shall generally not exceed 300 feet. - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement d). Plat Status: The subject property is comprised of five platted lots and one half lot. In order to construct the proposed mini-storage facility, the property would need to be replatted. Department Comments: • The proposed rezoning deviates from the Comprehensive Plan: • Uses typically found in the "CG-2" General Commercial District (formerly "134" District) should be prohibited along Holly Road. A rezoning to the "CG-2" District directly contradicts this statement. • The proposed mini-storage is approximately 400 feet from South Staples Street and extends an additional 500 feet along Cain Drive, encroaching into the Gardendale Subdivision approximately 900 feet. The 900 feet exceeds the 300-foot limitation within the Southside Area Development Plan. • Non-residential uses should not be expanded within the interior of the Gardendale Subdivision. • Uses allowed in the "CG-2" District do not increase the residential desirability of a neighborhood. • It is staff's opinion that the proposed rezoning would negatively impact the surrounding residential properties and the property to be rezoned is not consistent Zoning Report Case#1113-02 Old Lipan Limited Page 4 with the Future Land Use Plan's designation of the property as a low density residential use. • A "CG-2" District would allow uses that are not compatible with the surrounding residential subdivision and could potentially increase traffic through residential areas on Cain Drive, which is a local residential street. • Staff's opinion is that a mini-storage facility does not increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within residential areas. • At the Planning Commission's request, staff has developed conditions should Planning Commission desire to recommend a Special Permit in lieu of granting the rezoning to the "CG-2" General Commercial District or denying the applicant's request. • Staff does not recommend a mini-storage facility be developed on the subject property. Therefore, staff does not recommend a Special Permit be granted to allow the mini-storage use. Staff Recommendation: • Denial of the rezoning to the "CG-2" General Commercial District. • Denial of a Special Permit for a mini-storage facility. Planning Commission Recommendation (January 29, 2014): • Denial of the rezoning to the "CG-2" General Commercial District • The Planning Commission recommended at the first hearing that a Special Permit be created by staff. A Special Permit with 10 conditions was developed and Planning Commission entertained a motion to approve the Special Permit at the second hearing. The Planning Commission recommended denial of a Special Permit for a mini-storage facility as a result of a split vote (4-4). Number of Notices Mailed — 45 within 200-foot notification area 0 13 outside notification area c>s As of January 30, 2014: 0 In Favor — 2 inside notification area; 0 outside notification area In Opposition — 2 inside notification area; 54 outside notification area a Totaling 7.55% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) fi U 490 b, U 15 13 22 20 p 17 7 6 _. 'r0 'f4 2" SUBJECT PROPERTY �2 P �u A% 4 R M. 3 4V GG - 2 I r r as a aaa 0 400 800, Pmpared By LABRY"F Feet ite arrarore aoeveaoRrieearservices CASE. 1113-02 ZONING & NOTICE AREA RrNI-1 fl�cuVtlSa¢attlVy 1.... IL Light Industrial RM-2 MulllViamnilly 2 1H Heavy Industrial uBiL Rp�6'-3 F41ultUrarniRy 3 S UG Planned Bueid Ckev Overlay S ,� ON Professional Gidice y 4 f' � ,�...'. RS-10 Slin le-Famrii 10 RM AT Muitilam ily AT RS-6 Single-Faimllry 6 rev CN-1 NeilglmnxorhoodComYmlerciai R'S-35 S1 ngle-Farmily4.5 CN-2 (Neighborhood Commercial RS-4F Two-'Fa m7illy rJ CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE ResN9emdtlaV Estate CG-1 General Crrmercial R -T- Townhouse CG-2 General Commercial p Cl Ihmtemsive Commercial RP Rccr alNOmaVe6iCia Park �r C18 1D Downtown Comromuercilal RMH Manulactured Home CR-3 Resort Commercial FR Farm Rural � N 6t V#Ilslortic overlay !SP 'Business Park rwnrrwwr .� a ® 5¢ab)eer d3�rr,�er'd¢ A'P%k �1 u nth't fJ Vmum°er a C rrs r(er -..... ,. aCLity�3 of Voy Cot-pus oymer ✓thm 2Cisferan X rOe,rey3 LAk1TION A f rtPached mvnersNp tab.e � w,. aaVrl�msrPtrlrr COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case 1113-02 Old Lipan Limited I. Notices returned from WITHIN the 200-foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 45 Favor: 2 - Will most likely never be developed with residential properties. - Due to neighborhood redevelopment this property should be rezoned to business. Opposition: 2 #17 Rodolfo Medina (5413 Cain Drive) #20 Yvonne Brown (5417 Cain Drive) II. Responses received from OUTSIDE the 200-foot notification area: Total number mailed: 13 Favor: 0 Opposition: 3 - Gardendale Stakeholder (5237 Cain Drive) o Will create more traffic. • Will cause more accidents on numerous 4-way stop signs, since more drivers will not be familiar with area. • Will not conform to residential zoning. - Gardendale Stakeholder— Minnie Garcia (5301 Cain Drive) - Gardendale Stakeholder—(5302 Cain Drive) • Heavy traffic already exists with no speed bumps. • High speed through neighborhood. IV. Unsolicited responses received from petitions concerning subject area: Favor: 0 Opposition: 51 1. 5526 Burton Lane 2. 5517 Burton Lane 3. 5313 Cain Drive 4. 5318 Cain Drive 5. 5538 Cain Drive 6. 5405 Betty Jean Drive 7. 5525 Burton Lane 8. 5401 Cain Drive 9. 5615 Burton Lane 10.5607 Burton Lane 11.5310 Cain Drive: a. Encroachment on residential properties and increased crime possible. b. Extra traffic. 12.5402 Cain Drive 13.5229 Cain Drive 14.5226 Cain Drive a. Already too much traffic on Cain Street. b. Does not conform with neighborhood. 15.5222 Cain Drive 16.5217 Cain Drive 17.5214 Cain Drive 18.5210 Cain Drive 19.5238 Cain Drive a. This will create more traffic. 20.5329 Cain Drive 21.5538 Betty Jean Drive 22.5530 Burton Lane 23.5419 Bonner Drive 24.5510 Bonner Drive 25.5305 Bonner Drive 26.5326 Bonner Drive 27.5717 Cain Drive 28.5409 Betty Jean Drive 29.5126 Cain Drive 30.5125 Cain Drive 31.513 Cain Drive 32.5022 Cain Drive 33.5613 Betty Jean Drive 34.5522 Betty Jean Drive 35.5110 Bonner Drive 36.5213 Cain Drive 37.5112 Cain Drive 38.5109 Cain Drive 39.5030 Cain Drive 40.5021 Cain Drive 41.5338 Cain Drive 42.5221 Bonner Drive 43.5201 Curtis Clark Drive 44.5138 Curtis Clark Drive 45.5110 Curtis Clark Drive 46.5113 Curtis Clark Drive 47.5114 Curtis Clark Drive 48.5003 Curtis Clark Drive 49.5013 Cain Drive 50.5309 Curtis Clark Drive 51.5310 Curtis Clark Drive Ti LL)rc o Sam, Pei . Z Rezoning Page 2 - . , integrity.I urge youMembers of the Planning Conmsl'on to vote against the zoning request and protect our neighborhood I thank you for your very hnportant work you have been doi for mg the City of Corpus Christi! Date January 27.2014 Tiburcio Soto Signature 5237 Cain DR. Corpus Christi Tx. r Date January9,2014 t � l To : Members of Corpus Christi Planning Commision. Petition To prevent the issue of having a small storage ` ess built in residential street by issuing eci Permit. Reasons 1. The most ' t reason is that we w ant to protect our neighborhood integrity of our residential neigborhood. As per Gardendale Plan Adopted Feb.8,2000 rov to by the 2000 City Council Yolicy Statement to preserve and protect the residential nature of the Gardendale Neighborhood froCurtis Clark south to Cain Dnand from Everhart t to Staples.by A. Prevent the development of non-residential uses into interior of the neighborhood.This Statement prohibit comm ial business into e interior . It does not say it can y- s this Statement with a Special 't.A Special Permit can be used only on Policy Statement B.I I which copy is included for your review. . 1' 't intrusion of new commercial r expansion of existing commercial vl e t along the western eastern es of the neigborhood parallel*r-westem­arrd-,eafternvdges-of the Everhart is Streets. (see Policy Statement B.11) C. If such v is granted to ' t a commercial business within our residential ets, t will setup a precedent soon our 'et residential neigborhood could disappear. appreciate your serving Planning o 'ssi of Corpus Christi e each member to preserve our urdque Residential Neighborhoodik, ��-OT !l a Following are signatures of Gardendale Neighborhood owners who approved this ® . b 5ax p.7 7e-fr ( '3r f Y ar, a r � r i 4 fit E3 (o b r Q20 I� r'ia,� &0 AOF- VICb �d Ir 4f a a, LA Renry t i-IAv s.,,,) _5-1 2y, CAI)LI PIR 1790 # Q, � Mtj4,e,,, Leo v\ S (" om, OC S CA ID JVqck -K) amcJ6 509"1- eaui\- Dr &WAIL- ?WaAV°r 34 1.3 Bevy— %Jaoo."? P., 7Slc/f( J�AUT� z Azq�-94A-,- At. et e- D;11't— 5 V 3 C�'LA Of cc 1) 123 g cmg pa Cc- V, rAlk x fo5o pr .0 pg OQJ Zkl' I �(aS 456 7 3 (V e&111 car?LY3 CA, 7)e 7 Fo V1 At4 4C JAM f Rot), E5p-, -49 1) 5 q5 C CkoSY� 670,,t, t3 r 7&y Cl z4 V 1 l 1w, et) "(5�0- 53 e January r While Against issuance of special permit . . transitional . being built about 5 years ago and belleve that by allowing this commercial business come in: . neighborhood.1) it will increase the noise level of the aesthetic 2) Change the neighborhood. vehicles.3.) These units can be used as garages to repair invite . . quality 5.) Impact greatly the life 'in the neighborhood 6) Large . vehilcle can be stored. Dolores F. Sliguero 5126 Cain Drive V-,eCe�4VLoj k f/Agz PETITION TO PLANNING COMMISION OF CITY OF SUBJECT:CORPUS CHRISTI REQUEST CASE # 1113-02 DATE 12-4-2013 RESIDENTIAL TO CG2 PUBLIC BEARING NOTICE REZONING BUSINESS WE RESIDENTIAL OWNERS OF CAIN DR. PETITION THE MEMBERS OF THE "TLANNING COM[MISION "" TO DISAPPROVE THE REQUEST OF THE ZONING CHANGE DUE TO THE FOLLOWING REASONS. I.MORE CONMERCLAL BUSINESSES WILL CREATE MORE TRAFFIC AND MORE SPEEDING INCIDENTS ON OUR QUIET STREETS . TRAFFIC FROM LEGACY CONZMRCIAL AND SM[ALL BUSINESSES ON STAPLES ARE ALREADY USING OUR NEIGBORHOOD STREETS. MORE TRAFFIC ALSO MEANS SOME VEFIICLES WILL NOT STOP ON OUR NUMEROUS 4- WAY STOP SIGNS AND ADDIT12W AC%TENT�® S L ws ® d . . s r r �5 -7� Q„ 1ti U %!-., .............. . ........ af too (Vex �z 1 Q? X7 "QUIN Ck 71 k/O An -TY, 7 41 1 T k lion WrAnda iCHANEN _mow Future Land Use Plan After Rezoning Subject property, south across Cain Drive Special Permit Conditions 1. Use: Mini -storage is only use allowed other than those allowed in the "RS -6" District. 2. Driveway Access: No driveway access onto Cain Dr. 3. Street Yard Setback: 35 -foot setback required along Cain Dr. Other yard setbacks comply with UDC. 4. Buffer: 15 feet + 15 points required along boundary with residential zoning district. Canopy trees every 30 feet on center in buffer yard and along Cain Dr. 5. Screening Fence: 6 -foot tall screening fence required along boundary of residential properties and along the 35' building setback on Cain Dr Special Permit Conditions cont. 6. Lighting: Lights must be shielded. Full cut-off type lights required. No light pole within 50 feet of residential uses, no light over 15 feet tall. 7. Building Height : No taller than 26 feet where adjacent to a residential use. Otherwise, 36 feet. 8. Hours of Operation: 7:00 AM to 10:00 PM 9. Signage: No wall- or pole -mounted signage allowed along Cain Dr. or facing residential uses. 10. Time Limit: One year to submit complete building permit application.