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HomeMy WebLinkAbout032526 ORD - 08/24/2021Zoning Case No. 0621-04, Date Tree Holdings, LLC. (District 1). Ordinance rezoning a property located at or near 4606 Gulfbreeze Boulevard from the "RM -AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development 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 application 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 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. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 4, 6, and 8, Block 22, Brooklyn as shown in Exhibit "A": "RM -AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development The subject property is located at or near 4606 Gulfbreeze Boulevard. Exhibit A, which is a map of the subject property and Exhibit B, which is a copy of the Las Casitas del Mar Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Las Casitas del Mar Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 032526 SCANNED 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Gulf Breeze Boulevard in accordance with the Unified Development Code (UDC). 3. Private Solid Waste: A formal request must be made to the Solid Waste Department of the City to exempt the subject property from public refuse collection. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. SECTION 3. 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 4. 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 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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. SECTION 7. 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 8. This ordinance shall become effective upon publication. Page 2 of 11 That the foregoing ordinan e was read for the first time and passed to its second reading on this the f +4ziay of \J - , 2021, by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter BiIIy Lerma Pee �1rk� John Martinez Atl- Ben Molina Mike Pusley Greg Smith Aje_ That the foregoing ordinance was read for the second time and passed finally on this the V\ day of :� 2021, by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter BiIIy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the )--it day of ATTEST: Rebecca Huerta City Secretary EFFECTIVE DATE A195-0- A-fx A4c-kt-k4 Page 3 of 11 03252f:1 , 2021. tlilgottitfA Paulette M. Guajardo Mayor Exhibit A RMAT/ / / // \\/ // /SUBJECT PROPERTY T 250 Feer Dare Created: 5/10/2021 Prepemd By: JeremyM Department of Development Services CASE: 0621-04 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 05 Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS.4.5 Single -Family 4.5 RS -TF TWo-Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home -'SUBJECT �PROPERTY ILOCATION MAPI Sources: Esri. HERE, Gar Intermap, INCREMENT P, Esri Japan. HETI. Esri Ch Kong). Esri Korea. Esri (Ti NGCC. (c) OpenSlreettvta City of Corpus Christi Page 4 of 11 TP(annecfunit £eve(opment for Las Casitas cfe(UVIar 4606 Gulf -breeze TB(vd, Carpus Cfiristi, Texas Owned Iry DateTree XXoldings LLC, 1 1 rginia J(i[Gs ,Dr., Corpus Christi, ,L' 78414 developed 13—yA sum6Associates, Gordon S 1 ie.sumb :President, 1 'Virginia Oil- ,Dr, Corpus Christi, IX 78414 phone 612-685-2210 By nocphin TaYk cl argue De fin Page 5 of 11 1llii1111111III .An EnergyStar@ dated Wet -Zero Carbon@ Development EXECUTIVE SUMMARY Of the proposed planned unit development (PUD) of Las Casitas del Mar consisting of the three residential lots containing 19,500 square feet of land with the total dimension of 150 feet of frontage on Gulf breeze Boulevard and 130 feet of depth to the alley at the back of the site. Our PUD proposed is a 10 -building townhouse development containing 14 units. In accordance with 4.4.6 Of the Unified Development Code, (UDC) City of Corpus Christi, pages 21-22, our project meets the purpose of townhome development infill. This use is consistent with the neighborhood. Immediately adjacent to the back of the site is high density 6 story residential use of the Beach Place (40 units) condominiums. Immediately across the street at 4601 Gulfbreeze Boulevard is another townhouse development which had received the similar setback, density, lot size and access standard approvals that we are seeking. The proposed master site plan(s) of the parking ground -level and second - level attached as PDFs for 4606 Gulf Breeze Blvd. shows buildings one through six as three-bedroom 2 level townhomes 16 feet wide by 44 feet long. The interior living areas are 16 feet wide by 36 feet long. The first level of the building will be approximately 12 feet above finished grade and have an 8' x 16' wide outdoor deck from which the unit will be accessed. Two units shall be constructed with a connecting deck and stairway which has an area planned for an ADA lift from the parking area under the units. An interior stair leads to the second level. Buildings seven through ten will be 2 side-by-side duplex units on two levels. They will contain two one -bedroom units per duplex for a total of eight one -bedroom units. Since they have an adjacent party wall, they will have a zero- lot line on that party wall. This is an exception to the standards needing approval as a variance in the PUD. Page 6 of 11 They will contain 16' x 36' of interior living area with an adjacent outside deck of 8' x 16' from which the units will be accessed on the second floor above the grade level. The third level units will have access from an interior stairway on the second level of the outside deck. An outdoor elevator is planned to access the second and third level decks. According to table 4.4.3.B Multifamily Zoning Districts of the City of Corpus Christi Unified Development (UDC) Code, page 24, the maximum density per acre for RM -AT North Beach is 18 units. Our development proposes 10 buildings with 14 units. That exceeds the maximum calculation for the site which would be 8.06 units. Therefore, we seek approval for the extra density. This request is consistent with the extra density allowed across the street at 4601 Gulf Breeze Blvd. townhome development and the extra density of the Breakers condominium directly behind our property. Continuing with 4.4.3. B, UDC, the open space requirement is shown at 25%, We believe we reach that requirement as follows: section 4.201 allows calculation of open space to include 5% of impervious surface open areas. The pool area shown on the master plans is 28' x 42'. 5% of that would yield 1176 square feet allowed to be added to the 4114 square feet of landscape open area shown on the master plan. Those combined would total 5290 square feet or 27% of the 19,500 square feet of the site. Since the pool area shows an encroachment on the 20 -foot front Street setback that is an additional variance we seek from the code. If that is denied, the impervious area allowed for inclusion in the calculation of open area would be 1036 square feet plus the 4114 square feet of landscape open area, totaling 5150 square feet or 26% of the 19,500 square feet of the site. Our master site plan shows we comply with the minimum lot width of table 4.4.3.B Multifamily Zoning Districts on page 25 Unified Development Code. We also comply with the minimum lot area. However, my interpretation is Page 7of11 that applies to the entire site. Since this will be created as a townhome project with individual Tots, those lots are less than the standard set forth on page 24 of the UDC which applies to the Townhome District. I do not believe that is applicable. The lots when platted will be slightly larger than the unit's footprint except at the zero -lot line of the duplexes. If a variance is required for this under the PUD, we hereby request it. Continuing on that table of the UDC on page 25, we have a 20 -foot setback from Gulfbreeze Boulevard which meets the requirement. We have an additional 5 -foot setback facing the street which is green space except for a stairway accessing decks. The side setback requirement appears to be 10 feet, however, our side setback proposed is 5 feet from the property line. This is also consistent with the townhome development at 4601 Gulf Breeze Blvd. It is necessary to achieve the density needed but does not pose an undue burden on adjacent property owners as the front of the units do not face the side property lines. Thus, we request the 5, foot side yard setback as a variance if needed. The height of our buildings will be under 35 feet except for protrusions for antennas, solar panels plumbing stacks all as anticipated to be allowed under section 4.28.6 of the UDC. The height of the Beach Place condominiums across the alley from our site is six levels in excess of 60 feet. The rear setback appears to require a 10 - foot separation; however, a 20 -foot public right-of-way alley is at the back of the property line separating the development from the Breakers condominiums. Thus, we show a 5 -foot setback from the alley with access to the alley for exiting the parking under the units. This is requested to increase the density and minimize the risk of developing on North Beach. A note to the issue of the 20 -foot alley is that survey stakes of my property line at the alley are 17 feet from the wooden fence separating Beach Place Page 8of11 condominiums from the alley. So, there may be an encroachment on the alley by Beach Place. The minimum building separation shown on the UDC table 4.4.3.6 is 10 feet. The building separation shown between buildings 2 & 3, 4 & 5 is 10 feet. The building separation between buildings 1&2,3&4,5&6 is 8 feet. This separation is allowed by building code. The buildings as shown have no eve overhangs. The buildings will be sprinklered according to building code including indoor wet systems and outdoor dry systems. Therefore, we request the variance to building separation will meet the density needed for the risk associated with the development on North Beach. The UDC section 4.3.5.E site plan review requirements are covered in the information provided on the master site plan(s), S1, S2 and S3. There are also labeled by use on the PDF attachments. The PDF attachment "4606 Gulf breeze elevations" are provided. However, those are to be revised in accordance with the master site plans if approved. They demonstrate the proportion of the buildings. On the master site plans, lot lines, location of buildings and setbacks are shown as discussed above. The landscaping area is indicated within the setback area and will be further designed according to code, with particular emphasis to highlight the development. The pool area recreational facility, signage and parking as provided is shown. In the 10 buildings there is 11,520 square feet of total building area. Six buildings contain over 1000 square feet and require 1.5 parking spaces per unit or nine spaces. Two spaces for each of those units is provided totaling 12 spaces. Eight of the units are under 1000 square feet requiring 1.25 parking spaces per unit or 8 spaces. 10 spaces are provided. Page 9of11 One guest parking space for each five units is required by code for a total of 3 guest spaces required. Six guest spaces are provided. Two guest spaces are provided within the driveway access of the site. Four of the guest spaces are provided along the street within the 20 -foot setback. If a variance for this on street parking is required, we hereby request it. The height of roof peaks will be under 35 feet however that is not indicated on the plans. The exact elevation dimensions are not indicated on the plans yet. Page 10 of 11 J '� Ililll!!::!IIIIIII Page 11 of 11 • Caller r In MeS CONTRACTS PART OF THE USA TODAY NETWORK aND PROCUREMEPIT BM AUG I0 AM 8: 12 Certificate of Publication NOTICE OF PUBLIC HEARING TO CONSIDER CITY OF CORPUS CHRIS TI -SECRETARYRE-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 August 17, 2021 during a regular Council meeting which STATE OF WISCONSIN) commences at 11:30 a.m. in )) the Council Chambers, City Hall, 1201 Leopard Street, COUNTY OF BROWN) to consider the following zoning application(s) which is/are on file in the Depart- I, being first duly sworn, upon oath depose and say that I ment of Development Serv- am a legal clerk and employee of the publisher, namely,the ices. COV I D-19 Public At- tendance & Comment Pro- Corpus Christi Caller-Times, a daily newspaper published cedures can be found at htt at Corpus Christi in said City and State,generally circulated rrtments city secretary/depa in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Zoning Case No. 0621-04, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Date Tree Holdings, LLC.: Ordinance rezoning proper- Counties, and that the publication of which the annexed is a ty at or near 4606 true copy,was inserted in the Corpus Christi Caller-Times Gulfbreeze Boulevard from the "RM-AT" Multifamily on the following dates: AT District to the "RM- AT/PUD" Multifamily AT District with a Planned Unit Development. 08/01/2021 Zoning Case No. 0621-05, MVR Construction Compa- ny: Ordinance rezoning On this August 1,20.1, I -rtify that the attached document property at or near 6002 Greenwood Drive from the is a true and exact copy ade by the publisher: "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. , /s/ Rebecca Huerta City Secretary I egal Notice Clerk Oit.) N. a Public, State of Wisconsin,County of Brown -1)2:7 i7c Notary Expires SARAH BERTELSEN Notary Public Publication Cost:$218.40 State of Wisconsin Ad No: 0004845433 Customer No: 1490432 PO#: Zoning #of Affidavits 1 This is not an invoice • Caller Tires o PART OF THE USA TODAY NETWORK no .7' Q rn � 0 Certificate of t o Publication t7 Z C rn .21 NOTICE OF PASSAGE OF ORDINANCE(S) f t7 CITY OF CORPUS CHRIS TI -SECRETARY NO. 032526, Ordinance Z rezoning a property located PO BOX 9277 at or near 4606 Gulfbreeze Boulevard from the "RM- AT" Multifamily AT CORPUS CHRISTI,TX 78401 District to the "RM- AT/PUD" Multifamily AT District with a Planned Unit Development; NO. 032527, Ordinance STATE OF WISCONSIN) rezoning property at or )) near 6002 Greenwood Drive from the "RS-6" Single- COUNTY OF BROWN) Family 6 District to the "RS-4.5" Single-Family 4.5 District. These ordinances I, being first duly sworn,upon oath depose and say that I were passed and approved am a legal clerk and employee of the publisher, namely,the on second reading by the Corpus Christi City Council Corpus Christi Caller-Times,a daily newspaper published on August 24,2021. at Corpus Christi in said City and State,generally circulated /S/Rebecca Huerta City Secretary in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties,and that the publication of which the annexed is a true copy,was inserted in the Corpus Christi Caller-Times on the following dates: 08/30/2021 On this August 30,202 I certify that the attached document is a true and exact cop ade by th- publisher: L!::INotice Clek No Public,State o Wisconsin,County of Brown 7)z7, Notary Expires SARAH BERTELSEN Notary Public Publication Cost:$126.25 State of Wisconsin Ad No:0004886491 Customer No: 1490432 PO#: 032526 #of Affidavits 1 This is not an invoice