HomeMy WebLinkAbout032451 ORD - 06/08/2021Zoning Case No. 0321-04, ERF Real Estate, Inc.: (District 4) Ordinance amending
Zoning Ordinance number 031728 by adding a 24 -month time extension to
the special permit time limit initially approved by City Council.
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the request by ERF Real Estate, Inc., submitted
prior to the initial special permit expiration date, for a twenty-four (24) month time extension
to a special permit with Zoning Ordinance number 031728, as shown in Exhibit "A";
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed to be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That Zoning Ordinance 031728 is amended by adding a 24 -month
time extension to the 24 -month special permit time limit initially approved, thus
extending the total special permit time limit to expire April 1, 2023 unless a complete
building permit application has been submitted or, if no building permit is required, a
certificate of occupancy or UDC compliance has been issued.
SECTION 2. 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 including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 3. 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 4. A violation of this ordinance, or requirements implemented under
this ordinance, constitutes an offense punishable as provided in Article 1, Section
1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code
of Ordinances.
032451
SCANNED
SECTION 5. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 6. This ordinance shall become effective upon publication.
Page 2 of 4
That the foregoing ordinance was read for the first time and passed to its second
reading on this the r,5 qday of �IY--� , 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
That the foregoing ordinance was read for the second time and passed finally on this
the'' day of TT(,, 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
A�
PASSED AND APPROVED on this the
ATTEST:
Rebecca Huerta
City Secretary
EFFECTIVE DATE
6- \L\ J a \
John MartinezAIX_
Ben Molina A`1/
Mike Pusley
Greg Smith
day of J\fl1 , 2021.
Page 3 of 4
032451
aida L&a'pb
Paulette M. Guajardo
Mayor
Exhibit A
Case No. 1218-01 Carmelite Sisters: Ordinance rezoning property at
or near 4130 South Alameda Street from the "RS -6" Single -Family 6
District to the "RM-1/SP" Multifamily 1 District with a Special Permit
(Tract 1), the "RM -1" Multifamily 1 District (Tract 2), and the "CN -1"
Neighborhood Commercial District (Tract 3)
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application of Carmelite Sister ("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, December 12, 2018, during a meeting of the Planning Commission. The
Planning Commission recommended approval of the change of zoning from the "RS -6"
Single -Family 6 District to the "CN -1" Neighborhood Commercial District and on Tuesday,
February 12, 2019, 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 Carmelite Sisters ("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 Lot 1, Block 1, Carmelite Home Tract,
located on the north side of South Alameda Street, east of Carmel Parkway, and west of
Everhart Road (the "Property"), from the "RS -6" Single -Family 6 District to the "RM-1/SP"
Multifamily 1 District with a Special Permit (Tract 1), to the "RM -1" Multifamily 1 District
(Tract 2), and to the "CN -1" Neighborhood Commercial District (Tract 3) (Zoning Map No.
043038), as shown in Exhibits "A", "B", and "C". Exhibit A, is a metes and bounds
description and map of Tract 1 of the Property, and Exhibit B, is a metes and bounds
description and map of Tract 2 of the Property, and Tract C, is a metes and bounds
description and map of Tract 3 of the Property. All 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 following the conditions listed below:
1. Uses: The only uses authorized by this Special Permit other than uses permitted by
right in the base zoning district are as defined by the Unified Development Code (UDC)
in Section 5.1.5.E "Medical Facility" except blood plasma donation center, Minor
Emergency Center, or Hospital, Section 5.1.4.0 "Office", Section 5.1.4.F "Restaurant"
except for restaurants with a drive-through or drive-in facility as an accessory use, and
Section 5.1.4.G "Retail Sales and Service" except convenience goods.
2. Driveways: The crossing for vehicular access over the Carmel Parkway drainage
ditch is prohibited.
0317Z8
SCANNED
3. Dumpsters: All dumpsters or refuse receptacles shall be screened from view from
any public right-of-way.
4. Lighting: All lighting must be shielded and directed away from single-family
residences and nearby streets. Cut-off shields are required for all lighting. No light
projection is permitted beyond the property line.
5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code.
Outside paging, speakers, telephone bells, or similar devices are prohibited.
6. Hours of Operation: The hours of operation shall be limited to 6:00 AM to 9:00 PM.
7. Landscaping: In lieu of a standard buffer yard, a yard consisting of a row of canopy
trees with a minimum of a 2 '/Z" caliper shall be placed 30 feet on center along the
property line shared with the drainage ditch.
8. Other Requirements: The Special Permit conditions listed herein do not preclude
compliance with other applicable UDC, Building, and Fire Code Requirements.
9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have
expired within twenty-four (24) months of this ordinance, unless a complete building
permit application has been submitted or, a certificate of occupancy or UDC
compliance has been issued. 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:\DevelopmentSvcs\SHARED\ZONING CASES\2018\1218-01 Carmelite Sisters\Council Documents\Ordinance_1218-01 Carmelite
Sisters.V.2.docx
Page 2 of 9
That the foregoing ordinance was read for the first time and passed to its second reading on this
the '`day of X)Y1,140,;, 019, by the following vote:
Joe McComb
Roland Barrera
Rudy Garza
Paulette M. Guajardo
Gil Hernandez
Michael Hunter
Ben Molina
Everett Roy
Greg Smith
That the foregoing ordinance was read for the second time and passed finally on this the
day orK\a-Arek.22019, by the following vote:
Joe McComb
Roland Barrera
Rudy Garza
Paulette M. Guajardo
Gil Hernandez
PASSED AND APPROVED on this the
ATTEST:
Re•ecca Huerta
City Secretary
EFFECTIVE DATE
)61
Michael Hunteratt,
Ben Molina
Everett Roy
Greg Smith
day of ! V , 2019.
Page 3 of 9
Exhibit A
STATE OF TEXAS
COUNTY OF NUECES
EXHIBIT JILL
TRACT 1
Field note of I.090 acre pact, for the purpose of rezoning, out of Lot 1, Block 1, Carmelite Home
Trac, as shown en a map recorded in Volume 41, Page 80, Mop Records of Nueces County, Texas. Said
1.090 acre tract being more particularly described as follows.
COMMENCING ata point in the intersection of the northeast right of way of South Alameda Street and
the cutback in the northwest right of way of Everhart Road, for a common outside corner of Lot 1 and of
Tract 3, THENCE with the eorthmon line of the northeast right of wary of South Alameda Strad, of Lot I
and of Tract 3, North 31'06'00" Wes, a distance of 468.79 feet to a point for the common west corner of
Tract 3, of this tract and for the POINT of BEGINNING
THENCE with the common line of tie northeast tight 0f way of South Alameda Sturee% of lot 1 and of
this tract. North 31°06'00" West a distance of 100.00 feet to a point fort the common west caner of a 7S
foot City of Corpus Christi drainage right of way. of Int 1 and of this tract
THENCE with IM common Zine of said 75 foot driftage right of way. of Lot and of this truce, North
58°54'00" Easy, a distance of 47S.00 feet to a point for the north corner of this tract from WHENCE the
northeasi corns of Lot 1 bears. North 58°54'00" East a distance of 538.42 feet.
THENCE South 31°06'00" East a distance of 100.00 feet to a pores for the COMMON east caner of Tract
2 and of this tract.
THENCE with the cannon line of Tract 3 and of this tract, South 58°54'00 West r a distance of
180.68 feet pass a point for the common nosh corner of Tract 2 and Tract 3, and Mall a total distance of
475.00 deet to the POINT of BEGINNING, and containiag 1090 acres of land, more or less.
Notes:
I.) Bcwiugs are based on recorded plat in Volume 43. Page 80. Map Records of Names County, Texas_
2.} A Map of equal date accompanies this Metes and Bounds destription.
3.} Set 5tH" re -bar = steel re -bar set with yellow plastic cap labeled Brtstat Surveying_
4.) This exhibit does not represent an on the ground boundary survey.
I, Ronald F_ Brister do hereby certify that this exhibit a&the property legally described herein is correct to
the best of my knowledge and belief.
Date: February 26'_019.
ice se. 1903.IOA
Page 4 of 9
EXHIBIT OF
TRACT l BEING A 1.090 ACRE TRACT, FOR THE PURPOSE OF REZONING, OUT
OF LOT 1. BLOCK 1, CARMELITE HOME TRACT, AS SHOWN ON A MAP
RF.CORDED IN VOLUME 43, PAGE IA MAP RECORDS OF NUKES COUNTY,
TEXAS.
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Page 5 of 9
Exhibit B
STATE OF TEXAS
COUNTY OF NUECES
EXHIBIT 8-3
TRACT
Field notes of a 1.093 acre tract, for the purpose of rezoning, out of Lot 1, Block 1, Carmelite Home
Tract. as shown on a map recorded in Volume 43, Page 11, Mop Records of Nueces Courcy. Texas. Said
1.093 ECM tract being mors particularly described as follows.
COMMENCENG at a paint lathe iwerse sign of the northwest right of way of Everhart Road and the
c utbe& in the ooritioses right or way of South Alameda Strep, for a gammon outside corms of Lot 1 and
of Tract 3. THENCE with the comma line ate northwest right at way of Everhart Road. of Lot 1 and
of Tract 3, North 2E125' Last, a distance of 322.65 feet tea point for the oommoo noutlt can of
Tract 3, of this tract and tar tie POINT of BEGINNING.
THENCE wish use common line plebe Traci 3 and of this tract. North 31°06'00" West, a distance of
315.88 feet to a point in the southeast line of Tract 1, fbr tie common north corner 0(7=13 and Otitis
tract.
THENCE with the common line of Tract 1 and this tract, North 51°54'or East, a distance of 180.68 fat
to a pone for the eanrnon cast corner of Tract 1 and of thls trace
THENCE South 31°1116'00,- Eau, a diatanor of 211.39 fee to it pone in the common line oftie northwest
right of talcs of Everhart Road and of Lot 1, and for the east corner adds tract, fsorn WHENCE the tan
carrier of tat 1 bears, NaWI22°5I'24" Fat, a disianceaf62l.91 feet.
THENCE with the catanon line of the northwest right of way of Everhart Road. of Lot 1 and of this
tract, Swish 28°51'28" West, a distance of 208.72 feet to the POINT at11EGINNW4G. and containing
1.093 atm of and, more or less.
\latex:
1.) Bearings are based on recorded pita in Volume 43. liege S0. Map Records of Mows County, Texas,
2.) A Map ofequal date accompanies this Metes and Bounds description.
3.) Set 318" re -bar = steel ro-ber sol with yellow plastic cap labeled Brister Surveying.
4.) his exhibit dors not represent an on the ground boundary sonny.
1. Ronald E @rister do hereby certify drat this exhibit oft* property legally described herein is cermet to
the bat of my knowledge and belief.
Date: February X. 2419
Fob Ka 1,103308
Page 6 of 9
EXHIBIT OF
TRACT 2 BEING A L043 ACRE TRACT, FOR THE PURPOSE OF REZONING, OUT OF
LOT 1, BLOCK 1. CARMELITE HOME TRACT. AS SHOWN ON A MAP RECORDED
IN VOLUME 43, PAGE 80, MAP RECORDS OF NUECES COUNTY, TEXAS.
SCALE 1• - s/
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Brister Surveying
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Page7of9
STATE OF TEXAS
COUNTY OF NUECES
EXHIBIT C-1
TRACT 1
Exhibit C
Field notes of 2.701 acre tract, Far the purpose of rcaoning, out of Lot I. Block 1, Carmelite Home
Tract as shown on a map recorded In Volume 43, Page a0. Map Records of Norco County, Texas. Said
2-706 ace tract being more particelrrrtly described m follows.
BEGINNING ala poi( in the intersection of the northeast right of way of Saudi Alameda Skeet end the
cutback in the northwest right of way of Everhart Road and for a common outside coma of La 1 and this
tract.
THENCE +with the comma] lire of the rwttlteast right of way of South Ahmed. Sheet Let 1 and this
tract, North 31°06'00" West, a distance of 461.79 fact to a point for the common west comer of Tract I
and of this tract. from WHENCE the common wet conrerofTract 1 Ind of Lot 1 bears. North
31°06'00- west, a distance of 100.00 feet.
THENCE with the common line of Tent 1 and this Oran. Nardi 51134'00" Eau, a distance of 294,32 feet
to a pant for he common north corner of Tract 2 and of this Inst.
THENCE with the common line of Tract 2 and of this tract, Smith 31 °06'0F East, a distance of 3 15.gti
feet to s point in the common line of the northwest right of way of Everhart Road and of lot I, and Far the
errs comae of this tract. from WHENCE the east caner allot 1 bears. Nods 2E°S I `2V East. at a
distance of 201.72 feet pass a paint for the east corner of Tam -12. and m aII s total Amax o(830,70 fact.
THENCE with the coins= line of she northwest right of way of Everhart Road, Lot 1 and this tract,
South 36"31'26 mat, a distance of 322.65 text to I point in the imersection of the northwest right of
way of Evetbart Road and the cutback in de northeast right diary of South Almada Street, for a
common outside caner of Lot I and this traa, and Rea point of curvature of a curve to the right baring a
radius of 111.00 Het.
THENCE with the common line of said cutback said curve to the right and this tract a chord bearing of
South 116°46'01" West, s chord ditn trice of 1731 km and a carve distance of 20-93 feet to the POINT of
BECIINNLNG. and autumns 2.7II4I soca of lard, more ar less.
Notes;
1.) Bearings are based on retcorded plat rs Volume 43, Pere 10, Map Retards of Nuooes County, Texas.
2.) A Map of equal date meant this Metes and Bounds desaipoon.
3.) Set 5." re -bar - steel reber set with yellow plastic cap labeled Brister Surveying.
4.) This rakish does not represent an on the ground boundary survey.
L Ronald E Brister do hereby cenify dwi dais exhibit of the property, legally described bereis is omen to
the bet of my knowledge and belief.
Ronald n. Mister, RPLS No. -5407
Date: Febewry 26, 2019.
Joh No. 190310(:
Page 8 of 9
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EXHIBIT OF
TRACT 3 BEING A 2708. ACRE TRACT, FOR THE PURPOSE OF REZONING, OUT OF
LOT 1, BLOCK 1, CARMELITE HOME TRACT, AS SHOWN ON A MAP RECORDED 1N
VOLUME 43, PAGE 80. MAP RF -CORDS OFNUECESCOUNTY, TEXAS
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Page9of9
Caller
PART OF THE USA TODAY NETWORK
Certificate of
Publication
NOTICE OF PUBLIC
HEARING TO CONSIDER
CITY OF CORPUS CHRIS TI -SECRETARY RE-ZONING
APPLICATION(S) IN THE
PO BOX 9277 CITY OF CORPUS
CHRISTI
Notice is hereby given that
CORPUS CHRISTI, TX 78401 the Corpus Christi City
Council will conduct a pub-
lic hearing on May 25, 2021
during a regular Council
meeting which commences
STATE OF WISCONSIN) at 11:30 a.m. in the Council
)) Chambers, City Hall, 1201
Leopard Street, to consider
COUNTY OF BROWN) the following zoning
application(s) which is/are
on file in the Department of
I,being first duly sworn, upon oath depose and say that I Development Services.
am a legal clerk and employee of the publisher, namely,the COVID-19 Public Attend-
ance & Comment Proce-
Corpus Christi Caller-Times, a daily newspaper published dures can be found at nttps
at Corpus Christi in said City and State,generally circulated ://www.cctexas.com/depart
ments/city-secretary.
in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, zoning Case No. 0421-01
Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Steven Bernal, Rachel Gar-
cia Pena & Rick Kyle Car-
Counties,and that the publication of which the annexed is a on: (District 1) Ordinance
true copy,was inserted in the Corpus Christi Caller-Times rezoning property at or
near 4421 and 4427 Violet
on the following dates: Road from the "RS-6"
Single-Family 6 District to
the "CN-1" Neighborhood
Commercial District.
05/09/2021 Zoning Case No.0321-01 Mc
J's and Associates, LLC:
(District 4) Ordinance
On this May 9, 2021, I certify that the attached document is a rezoning property at or
near 14493 Running Light
true and exact copy made by the publisher: Drive from the "RS-6/10"
Single-Family 6 District
with the Island Overlay to
the "RM-AT/10/PUD" Mul-
�' // tifamily AT District with
the Island Overlay and a
;fad / Planned Unit Development.
Legal Notice Cle' Zoning Case No. 0321-04 Mt.
Carmelite SP Extension.:
(District 4) Ordinance
amending Zoning Ordi-
- ,` �,, • Hance number 031728 by
«a adding a twenty-four (24)
Nota!'lic, State of isconsin, l� my of Brown month time extension to the
special permit time limit
q
ig 0initially approved.
/s/ Rebecca Huerta
City Secretary
Notary Expires
VICKY FELTY
Notary Public
Publication Cost: $281.45 State of W i s c o n s i n
Ad No: 0004724181
Customer No: 1490432
PO#: zoning
#of Affidavits 1 Ig Z :j Wd11
I
This is not an invoice ��� 1
1N31^1380008d (INV
Sl3Vel1NO3
Caller Times
• PART OF THE USA TODAY NETWORK
•
Certificate of
Publication
NOTICE OF PASSAGE OF
ORDINANCE(S)
CITY OF CORPUS CHRIS TI -SECRETARY NO. 032451, (District 4) Or-
dinance amending Zoning
PO BOX 9277 Ordinance number 031728
by adding a 24-month time
extension to the special
CORPUS CHRISTI, TX 78401 permit time limit initially
approved by City Council.
NO. 032452, (District 4). Or-
dinance zoning a property
located at or near 14493
STATE OF WISCONSIN) Running Light Drive from
)) the "RS-6/10" Single-
Family 6 District with the
COUNTY OF BROWN) Island Overlay to the "RM-
AT/10/PUD" Multifamily
AT District with the Island
I, being first duly sworn,upon oath depose and say that I Overlay and a Planned
Unit Development.
am a legal clerk and employee of the publisher, namely,the
NO. 032453, (District 1). Or-
Corpus Christi Caller-Times,a daily newspaper published dinance zoning a property
at Corpus Christi in said City and State,generally circulated located at or near 4421 and
4427 Violet Road from the
in Aransas,Bee, Brooks, Duval,Jim Hogg,Jim Wells, "RS-6" Single-Family 6
Kleberg, Live Oak, Nueces, Refugio,and San Patricio, District to the "CN-t"
Neighborhood Commercial
Counties,and that the publication of which the annexed is a District. These ordinances
true copy,was inserted in the Corpus Christi Caller-Times were passed and approved
on second reading by the
on the following dates: Corpus Christi City Council
on June 8,2021.
/s/Rebecca Huerta
City Secretary
06/14/2021
On this June 14,2021, I certify that the attached document
is a true and exact co• made by th-publisher:
f
Legal otice Clerk
JJ
Notary Public f 11‘rilisconsi , ountY rown
/iit
Notary Expires
Or
VICKY FELTY ~ '
1------
Notary Public 2
0.
State of Wisconsin ��41 C
Publication Cost: $169.90 - ,
Ad No:0004777389
Customer No: 1490432 ") C'
PO#: 032451 00 :t!'
#of Affidavits 1 �1
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This is not an invoice