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HomeMy WebLinkAbout032614 ORD - 12/07/2021Case No. 0921-01, Richard Jurach, Jerry Jurach, Patricia Hunt, and Paula Carter: (District 5) Ordinance rezoning property at or near 3942 Cimarron Boulevard from the "FR" Farm Rural District to the "RS-6/SP" Single -Family 6 District with a Special Permit 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 being 10 acres out of Lots 1 & 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a subdivision of Nueces County, Texas, as recorded in the County Map Records in Volume A, Page 43, as shown in Exhibit "A": from the "FR" Farm Rural District to the "RS-6/SP" Single -Family 6 District with a Special Permit The subject property is located at or near 3942 Cimarron Boulevard. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. 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 in the base zoning district is a multifamily apartment complex with a density not to exceed 30 dwelling units per acre and consistent with the attached site plan. 03Z614 SCANNED 2. Setbacks: No structure shall be greater than two stories in elevation within 80 -feet of the southern property line. Any two-story buildings must have a pitched roof with the ridge extending at least 6 feet above the eave of the roof." 3. Buffer Yard: When adjacent to the "RS -6" Single -Family 6 District, the buffer yard requirement shall be 10 -feet, with the required points and screening fence satisfied by including a row of canopy trees with a minimum caliper size of 2.5 inches every 30 linear feet and a 7 -foot -tall screening fence or a 6 -foot -tall masonry wall. 4. Lighting: All lighting must adhere to the standards set in the Unified Development Code (UDC). 5. Dumpster: No dumpster shall be placed within 80 -feet of the southern property line. 6. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 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 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 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the Ili" day of Oift.6A , 2021, by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Iv 6 Michael Hunter A --}R 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 i day of QQ r 2021, by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma IV� PASSED AND APPROVED on this the ATTEST: Rebecca Huerta� �+D_ GSPC P_a � 1 I EFFECTIVE DATE John Martinez Ben Molina Mike Pusley Greg Smith .\ day of Wit , 2021. Page 3 of 7 °.) 32N ,4 Paulette M. Guajardo Mayor Exhibit A LEURBAN ENGINEERING F.tlubit A 10.12 Acre Tract STATE OF TEXAS COUNTY OF NZ CES Job No. 43229C1.02 October 6, 2021 Fieldnotes, for a 10.12 Acre Tract of Land out of Lots 1 and 2. Section 21, Flour Bluff & Encinal Farm &. Garden Tract, a map of which is recorded in Vohime A, Pages 41-43, Map Records of Naeces County. Teras, being the same 10.00 Acre Tract (Undivided 14) as described in a Special Warranty Deed from Marijean Jurach. to Paula K. Janiigan, recorded in Document No. 2000009247, Official Public Records of Nueces County.. Texas. said 10.00 Acre Tract as described in a Special Warranty Deed from Mariiean Jurach, to Patricia J. Hunt, recorded in Document No. 2000009246, of the said Official Public Records, said 10.00 Acre Tract as described in a Special Warranty Deed from Marijean Jurach, to Richard K. Juuach, recorded in Document No_ 2000002504, of the said Official Public Records and the said 10.00 Acre Tract as described in a Special Warranty Deed from Marijean Jurach, to Jerry B. Jurach III, recorded in Document No. 2000009245, of the said Official Public Records; said 10.12 Acre Tract being more fitly; described by metes and bounds as follows: Beginning, at a 5r'8 Inch Iron Rod with red plastic cap stamped `URBAN ENGR CC IX' Found, on the Northwest boundary line of a 10.031 Acre Tract as described in a Warranty- Deed from George T. Smith and Faye Keith Smith to Staples Development, LLC, recorded in Document No. 2005032049, of the said Official Public Records, being the South corner of Lot 1 Block 1, Cimarron Acres, a map of which is recorded in Volume 69, Page 120, of the said Map Records, for the East corner of this Tract from Whence a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX' Found, for the East comer of the said Lot 1, Block 1. bears North 28'37'23" East. 330.00 Feet: Thence, South 28''37'23" West, with the Northwest boundary line of the said 10.031 Acre Tract, 334.89 Feet, to the common corner of the said 10.031 Acre Tract, Lot 143, Section 21, Flour Bluff & Encinal Farms & Garden Tracts, a map of which is recorded in Volume 37, Page 164, of the said Map Records, Lot 15A, Section 21, Flour Bluff & Encinal Farm & Garden Tracts,, a map of which is recorded in Volume 50, Page 28, of the said Map Records and for the South corner of this Tract; Thence, North 61'17'05" West, with the common bounce line of the said Lot 15A and the said Cimarron Lake Estates. at 771_14 Feet pass a 5.3 Iron Rod with plastic cap stamped NAISMII13 ENGE,TEERLYGi" Found. at 1051.22 Feet pass a 5/8 Iron Rod with plastic cap stamped 'NAISMITH ENGLVEERL`IG' Found.. at 1246.32 Feet, 0.36 Feet Left. a 5/8 Inch Iron Found (Leaning) for reference, in all 1320.00 Feet, for the common comer of Lot 8 and 9. Section 10, of the said Flour Bhtif & Encinal Farm & Garden Tract and Lots 1 and 16, of the said Section 21, for the West canner of this Tract; Thence, North 23'37'23" West, with the common boundary line of the said Lots 8 and 9. Section 10 and the said Lots 1 and 16. Section 21, 332.77 Feet, to the North corner of this Tract; . Trbanis03'Daca.=un= e -13225 .C1021oFFI E^_dETE S AND ROU DSFS43_2PC1,3_ 10_ UA 2CC110C^S.Doc Pam 1 of 1 OFFICE: (361)85..4-3101 2725 SWANTNERDP, • CORPUS CHRISTI, TE,LA,S 78404 FAX (361)854.6001 nwmr.unbaneas.cam IBPE Finn= 145 a TBPLS Finn 10032400 Page 4 of 7 Thence. South 61°22'37" East, with the Southwest boundary line of the said Lot 1, Block 1, at 64.23 Feet pass a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Found. on the said Right -of -Way, for the West comer of the said Lot 1, Block. 1, in all 1320.00 Feet, to the Point of Beginning, containing 10 17 Acres (440,658 Sq. Ft) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205. and are based on the North American Datum of 1983(2011) Epoch 2010.00. 10.12 Acre Tract is located within the City limits of Corpus Christi, Texas and a subdivision based on this description may be in violation of the current City of Corpus Christi subdivision ordinance 10.12 Acre Tract includes portions of a dedicated Right -of -Way for the public roadway commonly called Cimarron Boulevard. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of Tract described herein. Brian D. Lorentson, RP.L.S. License No. 6839 Ucbanu03'Dm'Surc•aytog'.432 C102',CFe1CFlarIES AND BOU:VDSTN43229C102_10.l2ic 20211006.Doc Page2d2 OFFICE: (361)854-3101 2725 SWANI2ER DR • CORPUS CHRISTI. TEXAS 78404 FAX (361)854-6001 wwwlzbiran.p corn TBPE. Finn 4145 • TBPLS Finn 410032400 Page 5 of 7 L Tir- irr-n 3. 1I•-•y:-Ir1 N2B-31'2 "E 332.11'L „ L- - �1 Fl II II' Ern II Fur 111 TI1- M1 V.._.T - •H I CI '7.:'711 m* nr+ i o .. r.I -a s n I.ttf.l. ' , t T I 10.1., Ac.�lty 1440.656 0 s, s 1 7. I I ertt•_ A iJ •7 •� 4 = _ - E 0 1-- - 1,EI I I 1 F- S2837'23-4' 1174.89' I I.: :;.rail '11fr+r 111 3e,1111 11 1 1- r 1 1 1 1 /.• 1 1 - 1 T 1 1 a c. 1 ri l 1t 11 1 1 1 1.1 -I 11 a rit - • EI I 11 _ 1 T1 1• 1 1 r I ren •1 r Ir r 111 Itl1 T 1 11 a lit I I 11 11 11 1 11 IT -I I 1 1 I r 1 Ir11 ' i it I- t• - IF I 1111 1 L1ir rlru tilt 1 E I t 1 1 r 11.1, r r. 1'1 r r•. E Puint. of IjegJt,i,lug L r1 E• I i t 11 I 111,, 1 -r1 I - E T Fill E• 1 11 111.1 r -r1 1 -1 ITHE IEE1 Fal —_ • It I r . I L.. LL E Mihir B Sketch to Accompany F10-Chs3TE5 Far a '.G. •: .rasa Truce at Lard art dt Luis 1 and 2, Soma. 2', Flus ElaTi k EHc'd. Finn It Cahisit Tract d eft" of IIiah is recutdsd in YaLlra d, Pages 41-42, Map Reeurde at Wiwi* Cosily, Teas, Lelia the mcMl 10.11 etre Trace (UndNded 1/4) u desallbed In a Spoil Warmray 1oehl tom Haeju Lurch. to Pad E. .VrrI3w. recorded F Document 90. 200000924T. Cnkl:tl nitlk gecnme at Misses Cotrq. T14zr. said 1000 etre Trott ne dneerted In +E'ssenl Mnrrrty Lbsd 'mm manioc!, Jrnch. o -Mean J Hum, recntded r 4oenmsne %to. 2CCIUr32411. at she stud Official PiNlc Records. end +oto Acta Trees as drraninal 1n n Speen! Na tarty Cont inm MM*. .Urach, to Yehutl 4 +urach, recorded In Occurrnt Ma. 2100002504, .If the mid OH'cid Pibic R•ccr:L. I'd the sled 10.0 Ade Tran m clnsetibnl r d Spacial •leak y Jsod LW1iprn.'troch. to Jetty 3..ut.rch II, recut ed in Cee,rhim 140. 20CCCC924.5, a the said OTSeid! PuL4ic %wads. MOANI ENGINEERING ism DATE: Oct. 6, 2021 SCALE ''=10U' Job NO.: 43221,01.02 SHEET 1 of 2 DRAWN BY: RLG rbmwrvey1 a7Elrbaneno.ccrt 02021 by Urbm Erlineenn•1 la: eklulalL 111.:a11'Ml. -5A . i -1.1. .4* Page 6 of 7 e pp H MIS !{ittjttl! i tRie��Uj.lj,lyy � S'" 3';i R 3N iq '=151k 1 iili 0 ` .4t; t i •4;(t'i '1"' B I�4 i � '�l' i �4ic ct 9 Page 7 of 7 Caller Times 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 PO BOX 9277 THE 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 November 16, 2021 during a regular STATE OF WISCONSIN) Council meeting which 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 ps://www.cctexas.com/depa rtments/city-secretary. in Aransas,Bee,Brooks,Duval,Jim Hogg,Jim Wells, Zoning Case No. 0921-03, Kleberg,Live Oak,Nueces,Refugio,and San Patricio, MVR Construction Compa- ny: (District 5) Ordinance Counties,and that the publication of which the annexed is a rezoning a property at or true copy,was inserted in the Corpus Christi Caller-Times near 3538 Airline Road from the "FR" Farm Rural in the following issue(s)dated: District to the "RM-3" Mul- tifamily District. Zoning Case No.0921-01 Richard Jurach, Jerry Jurach, Patricia Hunt, and Paula Carter: Ordinance 10/31/2021 rezoning property at or near 3942 Cimarron Boule- vard from the "FR" Farm On this January 12,2022,I certify that the attached Rural District to the "RM- document is a true and exact copy made by the publisher: 2"Multifamily District. /s/Rebecca Huerta City Secretary Dittrik_eifijuL74 Legal Notice Clerk Notary Publi State of Wisconsin,County of Brown (- ? — � Notary Expires Publication Cost:$213.55 KATHLEEN ALLEN Ad No:0004980069 Notary Public Customer No: 1490432 State Of Wisconsin PO#: zoning #of Affidavits: 1 This is not an invoice Callerr Imes PART OF THE USA TODAY NETWORK a Certificate of Publication NOTICE OF PASSAGE OF 'D ORDINANCE(S) CITY OF CORPUS CHRIS TI -SECRETARY NO. 032613, Ordinance rezoning a property at or PO BOX 9277 near 3538 Airline Road from the "FR" Farm Rural District to the "RM-3" Mul- CORPUS CHRISTI, TX 78401 tifamily District; NO. 032614, Ordinance rezoning property at or near 3942 Cimarron Boule- vard from the "FR" Farm STATE OF WISCONSIN) Rural District to the "RS- )) 6/SP" Single-Family 6 District with a Special Per- COUNTY OF BROWN) mit. These ordinances were Passed and approved on second reading by the I,being first duly sworn,upon oath depose and say that I Corpus Christi City Council am a legal clerk and employee of the publisher,namely,the on De �, 2021. /s/Rebecca Huerto Corpus Christi Caller-Times,a daily newspaper published City Secretary 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 which the annexed is a true copy,was inserted in the Corpus Christi Caller-Times in the following issue(s)dated: 12/13/2021 On this December 13,2021, I certify that the attached document is a true and exact copy made by the publisher: 41#11&—, r Legal Notic:irerk Notary 'Vic,State o isconsln, County of Brown Notary Expires SARAH BERTELSEN Notary Public State of Wisconsin Publication Cost:$111.70 Ad No:0005039752 Customer No: 1490432 PO#: 32613 #of Affidavits 1 This is not an invoice