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HomeMy WebLinkAbout032621 ORD - 12/14/2021Case No. 1021-02, BHHN, LLC.: (District 3) Ordinance rezoning property at or near 8902 State Highway 44 from the "RS -6" Single -Family 6 District to the "CC/SP" Commercial Compatible 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 a 4.31 acre tract out of the G.H. McLeroy 40 acre tract out of Survey 402, Abstract 988, Nueces County, Texas, as shown in Exhibit "A": from the "RS -6" Single -Family 6 District to the "CC/SP" Commercial Compatible District with a Special Permit The subject property is located at or near 8902 State Highway 44. 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 authorizes the uses subject to 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 UDC in Section 5.1.5.B "Warehouse and Freight Movement" and regulated per Section 4.8.2 "Permitted Uses" of the UDC. Additionally, outdoor storage is prohibited. 032621 SCANNED 2. Setback: A setback at a minimum of 20 feet shall be maintained from any residential property. No buildings, dumpsters, and/or compactors shall be allowed within the setback. 3. Buffer Yard: When adjacent to the "RS -6" Single -Family 6 District, the buffer yard requirement shall be 15 -feet and 15 points as per Section 7.9.5 of the UDC. 4. Lighting: All lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 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 daily from 6:00 AM to 9:00 PM. 7. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 8. 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 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the ltV day of P.k.ck r,W 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 IHday of f� CQ0.41,V2021, by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma _ PASSED AND APPROVED on this the (ii"day of ATTEST: Rebecca Huerta City Secretary EFFECTIVE DATE i Page 3 of 5 John Martinez Q Ben Molina Mike Pusley Greg Smithj4t-ad'e- , 2021. Paulette M. Guajardo Mayor Exhibit A STATE OF TEXAS COUNTY OF NUECES FIELD NOTES FOR A 3.31 ACRE TRACT OUT OF A 431 ACRE TRACT OUT OF THE CIL MC LEROY FORTY (40) ACRE TRACT OUT OF SURVEY 402, ABSTRACT 988, NIECES COUNTY, TEXAS SAID 4.31 ACRE MORE FULLY DESCRIBED BY METES AND BOUNDS IN WARRANTY DEED DATED NOVEMBER 28, 1979, RECORDED UNDER CLERK'S FILE NO. 160941, VOLUME 1721, PAGE 940, DEED RECORDS OF NUECES COUNTY, TEXAS BEGINNING AT AN IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 4.31 ACRE TRACT ALSO BEING THE NORTHWEST CORNER OF A 3.0 ACRE TRACT OF LAND CONVEYED TO THE LIONS CLUB OF CLARKWOOD, BY G.H. MC LEROY BY DEED DATED OCTOBER 21, 1954 RECORDED IN VOLUME 660, PAGE 334, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS THENCE NORTH 89 DEGREES 41 MINUTES 20 SECONDS WEST ALONG THE NORTH BOUNDARY OF SAID 4.31 ACRES FORA DISTANCE OF 365.99 FEET, TO A 5/8 INCH IRON ROD SET FOR A NORTH CORNER OF THIS TRACT, THENCE SOUTH 00 DEGREES 08 MINUTES 40 SECONDS WEST FOR A DISTANCE OF 114.63 FEET TO A 5f8 INCH IRON ROD SET AN INTERIOR CORNER OF THIS TRACT; THENCE NORTH 81 DEGREES 41 MINUTES 20 SECONDS WEST FOR A DISTANCE OF 380.0 FEET TO A 518 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF TFIIS TRACT; THENCE SOUTH 00 DEGREES 08114INUTES 40 SECONDS WEST FOR DISTANCE OF 140.37 FEET, TO A STATE RIGHT -OF WAY MONUMENT FOUND, FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE SOUTH 81 DEGREES 41 MINUTES 20 SECONDS EAST ALONG THE NORTH RIGHT -OF-WAY LINE OF STATE HIGHWAY NO. 44, FOR A DISTANCE OF 736,99 FEET TO A STATE RIGHT-OF-WAY MONUMENT FOUND, FOR THE SOUTHEAST CORNER OF SAID TRACT; THENCE NORTH 00 DEGREES 08 MINUTES 40 SECONDS EAST FOR A DISTANCE OF 255.02 FEET TO THE POINT OF BEGINNING, CONTAINING 3,31 ACRES OF LAND MORE OR LESS_ Page 4 of 5 g3 u zoe A3A81-1S JO ino ,Rt.1 )vals8v 1111 ,n (110 !')v81 ")v lf'4 V J0 1110 frb 'ON .(VMHJIH 31 b'1S lrn`r .r.ORco.aos 7 .133a1S NYN77ns 41.0.80.0115 mssz aa*.sn.aou ONJMW031 mJx2a 133aLSJIsna Page 5 of 5 • . Caller Times a PART OF THE USA TODAY NETWORK \ Certificate of ry Publication NOTICE OF PUBLIC -� HEARING TO CONSIDER CITY OF CORPUS CHRIS TI -SECRETARYRE-ZONING Ui ,r; APPLICATION(S) IN THEcp 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 December 7, 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- ices.am a legal clerk and employee of the publisher,namely,the COV I DPublic o- tendance & Comment Pro- t- Corpus o- 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. 1021-02, Kleberg, Live Oak, Nueces, Refugio,and San Patricio, BHHN, LLC.: Ordinance rezoning a property at or Counties,and that the publication of which the annexed is a near 8902 State Highway 44 true copy,was inserted in the Corpus Christi Caller-Times from the "RS-6" Single- Family 6 District to the "l- in the following issue(s)dated: C" Industrial Compatible District. Zoning Case No. 1021-03, SRPC Properties, LLC.: Ordinance rezoning a prop- erty at or near 1645 14th 11/21/2021 Street from the "RS-TF" Two-Family District and "CG-2" General On this November 21,2021, I certify that the attached Commercial District to the document is a true and exact copymade bythepublisher: "RM-2" Multifamily District. /s/Rebecca Huerta City Secretary ;I/1 ore I Notice Clerk ilk Notary Public, State of Wisconsin,Co tty of Brown 9.18, Notary Expires .mss.. VICKY FELTY Publication Cost: $218.40 Notary Public Ad No: 0005010584 State of Wisconsin Customer No: 1490432 PO#: 1021-02 #of Affidavits) This is not an invoice Caller Times • 4 PART OF THE USA TODAY NETWORK Certificate of Publication NOTICE OF PASSAGE OF ORDINANCE(S) CITY OF CORPUS CHRIS TI -SECRETARY NO. 032621, Ordinance rezoning property at or PO BOX 9277 near 8902 State Highway 44 from the "RS-6" Single- Family 6 District to the CORPUS CHRISTI,TX 78401 "CC/SP" Commercial Com- patible District with a Spe- cial Permit. This ordinance was passed and approved on second reading by the STATE OF WISCONSIN) Corpus Christi City Council )) on December 14,2021. /s/Rebecca Huerta COUNTY OF BROWN) City Secretary I,being first duly sworn,upon oath depose and say that I am a legal clerk and employee of the publisher,namely,the Corpus Christi Caller-Times,a daily newspaper published at Corpus Christi in said City and State,generally circulated in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, Kleberg,Live Oak,Nueces, 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: 12/20/2021 On this December 20,2021, I certify that the attached document is a true and exact copy made by the publisher: /' L-notice Clerk Nota •ic,State of isconsin,County of Brown Tz��z_s Notary Expires Publication Cost: $82.60 PAH BERTELSEN Ad No:0005050026 Notary Public Customer No: 1490432 of Wisconsin PO#: 032621 #of Affidavits1 This is not an invoice