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Home My WebLink About032913 ORD - 11/15/2022Case No. 0822-03: (District 1) Ordinance rezoning property at or near 2045 Tuloso Road from the "RS -6" Single -Family 6 District and the "ON" Neighborhood Office District to the "ON/SP" Neighborhood Office District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. 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 rcport 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 12.350 Acres out of Tuloso Road Elementary Subdivision, as shown in Exhibit "A": From the "ON" Neighborhood Office and "RS -6" Single -Family 6 District to the "ON/SP" Neighborhood Office District with a Special Permit. The subject property is located at or near 2045 Tuloso Road as shown in Exhibit A. Exhibit A, which is a site plan, metes and bounds description, a subject property map, attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the the following conditions: 1. Use: The only use allowed on the subject property other than uses permitted in the base zoning districts is a convenience store (including showers and laundry facilities) with fuel sales and 74 commercial truck size parking spaces. All 032913 SCANNED commercial truck size parking spaces must be located to the rear of the diesel fuel canopy and generally consistent with the site plan in Exhibit A. 2. Lighting: All freestanding lights located to the rear of the primary building shall be no greater than 50 -feet in height and must be downward cast with full cut-off shielding. All other freestanding lights shall too be downward cast with full cut-off shielding and limited to a maximum height of 30 -feet. 3. Tuloso Road: All mitigations listed within the Traffic Impact Analysis for the portion of the Tuloso Road from Timberline Drive to the subject property must be installed. Additional improvements to Tuloso Road shall consist of the reorientation of lane striping not including additional widening of the street pavement section from Interstate 37 to Timberline Drive. All improvements must be completed and approved by City prior to the issuance of a certificate of occupancy. 4. Signage: The proposed use will be allowed to have a freestanding sign up to a maximum of 65 -feet in height and a maximum sign area of 350 square feet. 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months after approval of this ordinance 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. Furthermore, 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 by a fine not to exceed $2,000.00 for each offense; 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. Page 2 of 6 SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 8. This ordinance shall become effective upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the I5jr day of jC\4c\ , 2022, by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma AL-v- Ar—,e /lbs' r,sa\ John Martinez Ben Molina Mike Pusley Greg Smith A - G That the foregoing ordinance was read for the second time and passed finally on this the day of u (,x%(2022, by the following vote: Paulette Guajardo Roland Barrera Fernandez 4' Michael Hunter Billy Lerma John Martinez Ben Molina Mike PusleyAy_ _ Greg Smith PASSED AND APPROVED on this the 1s/ day of 0`,(tM\C_Isz( , 2022. ATTEST: Rebecca Huerta City Ste•• -- i f EFFECTIVE DATE 1 Paulette Guajardo Mayor 1 Page 3 of 6 '-I 032913 Exhibit A Page 4 of 6 12.350 ACRES THE STATE OF TEXAS) THE COUNTY OF NUECES} BEING a 12.350 acre tract of land situated In the City of Corpus Christi, Nueces County, Texas out of the Gulf, Colorado and Santa Fe Railway Company Survey, Abstract No. 816, Nueces County, Texas, being a portion of the Tuloso Road Elementary Subdivision according to the established map or plat thereof as recorded in Volume 54, Page 48 of the Map Records, Nueces County, Texas, and being a portion of a called 24.74 acre tract of land described by Warranty Deed dated October 28, 2021 conveyed from Flint Hills Resources, LP to Flint Hills Resources Corpus Christi, LLC as recorded in Instrument No. 2010040428 of the Official Public Records, Nueces County, Texas, said 12.350 acre tract of land being more fully described by metes and bounds as follows: BEGINNING at a found 1/2" pipe along the west line of Tuloso Road {a 40 -fool Right -of -Way) marking the northeast corner of the aforesaid 24.74 acre tract and being the southeast corner of Lot 40, Block 1 of the Tuloso Estates West Subdivision according to the established map or plat thereof as recorded in Volume 48, Page 156157 of the Map Records, Nueces, County, Texas for the northeast corner of the herein described tract; THENCE, South 00°41'5$" East {South 00'02'00" East), along the west right-of-way line of said Tuloso Road, with the east line of said 24,74 acre tract, a distance of 537,57 feet to a set 5/8" steel rebar with yellow plastic cap stamped "URBAN SURVEYING, INC,' marking the southeast corner of the herein described tract; THENCE, South 89°10'09" West, departing the west right-of-way line of said Tuloso Road, over, into, and across said 24.74 acre tract, a distance of 998,95 feet to a set 5/8" steel rebar with yellow plastic cap stamped "URBAN SURVEYING, INC." along the west line of said 24,74 acre tract and being along the east line of Tolosa Road Elementary for the southwest corner of the herein described tract; THENCE, North 01°04'51" West (North 00°20'49" West), along the common line between said 24.74 acre tract and the aforesaid Tuloso Road Elementary, a distance of 537.58 feet to a set 5/8' steel rebar with yellow plastic cap stamped 'URBAN SURVEYING, iNC" along the north line of said 24.74 acre tract and being along the south line of Lot 19, Block 1 of the Tuloso Estates West Subdivision for the northwest corner of the herein described tract; THENCE, North 89'10'09" East (North 89'54'07" East), along the north line of said 24.74 acre tract, with the south line of said Tuioso Estates West Subdivision, a distance of 1002.52 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 12.350 acre tract of land, more or less, Basis of bearing is based on the Texas State Plane Coordinate System {NAD 83), south central zone (4204. This survey was adjusted using a combined scale factor of 1.00000137165613 (GEO1012A) The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in January, 2022 and are true and correct to the best of my knowledge and belief. 06129/022 Urban Surveying, Inc. By: Michael K. Williams Registered Professional Land Surveyor Texas No. 6616 524919.00 Page 5 of 6 0 BARROGATE DR /)III CASE: 0822-03 Zoning and notice Area 121.1.1 Multifamily 1 RM -2 Multitamily2 RMJ Multifamily ON Professional ORlte RM -AT Multlf4mlly AT CN -1 Neighborhood Comnlerclol CN -2 Nelghbomoo0 Commerd4l CR -1 Resort Commercial CR -2 Resort Commercial CO -1 Genual Commercial CO -2 General Commercial Cl Intensive Commercial CBD Downtown CommMWI CR.0 Resort Commercial FR Farm Rural H Historic Overlay BP BOSIne55 Park IL Light ln6ustrlol IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 SIngH-Famlty 10 RS -6 Single Famlly6 RS.4.5 Single -Family 4.6 RS -TF TWaFamlly RS -15 Single -Family 16 RE Residential Estate RS -TB Tov/mause SP Special Pemnh RV Recreational Vanlcle Park RMH Manufactured Home Suejecr Properlyowne0rers w0)0 200 00Rer O .0 re 4 ownerawl0n 200'I;sredon X, owrxrc 0000204 ownership 060/2 ^ n Opp0.linon Oclanl Port Robstwen SUBJECT\ PROPERTY Carpu s Christi Esri, HERE, ILOCATION MAP Page 6of6 . . Caller Times 1 PART OF THE USA TODAY NETWORK C Certificate of Publication NOTICE OF PUBLIC HEARING TO CONSIDER CITY OF CORPUS CHRIS TI-SECRETARY RE-ZONING APPLICATIONS) IN THE PO BOX 9277 CITY OF CORPUS CHRIS- TI Notice is hereby given that CORPUS CHRISTI,TX 78401 the Corpus Christi City Council will conduct a pub- lic hearing on November 1, 2022, 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 IDPublic Prot- - & C 9 Public 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/c i ty-secretary. in Aransas,Bee,Brooks,Duval,Jim Hogg,Jim Wells, Zoning Case No. 0822-03 Kleberg,Live Oak,Nueces,Refugio,and San Patricio, Flint Hills Resources Corpus Christi LLC: Ordi- Counties,and that the publication of which the annexed is a nance rezoning property at true copy,was inserted in the Corpus Christi Caller-Times or near 2045 Tuloso Road from the RS-6" Single- in the following issue(s)dated: Family District and the "ON" Neighborhood Office District to the "CG-2" Gen- eral Commercial District. Is/ Rebecca Huerta City Secretary 10/16/2022 On this November 18,2022,I certify that the attached document is a true and exact copy made by the publisher: r h/, ./ . i1/ c) / ' q `I ( L411140---7 j fall Notice Clerk /9 _ N CD C Cl,C N >"Notary Publi ,State of Wisconsin,County of Brown q CD -0 CD Notary Expires r t O rCJI rn KATHLEEN ALLEN Publication Cost:$179.60 Notary Public Ad No:0005449309 Customer No: 1490432 State of Wisconsin PO#: No.0822-03 Flint Hills Resources #of Affidavits: 1 This is not an invoice Caller Times PART OF THE USA TODAY NETWORK Certificate of Publication NOTICE OF PASSAGE OF ORDINANCE(S) CITY OF CORPUS CHRIS TI -SECRETARY NO. 032913, Ordinance rezoning property at or PO BOX 9277 near 2045 Tuloso Road from the "RS-6" Single-Family 6 District and the "ON" CORPUS CHRISTI, TX 78401 Neighborhood Office District to the "CG-2" Gen- eral Commercial District; Providing for a penalty not to exceed $2,000 and publi- STATE OF WISCONSIN) cation. This ordinance was )) passed and approved on second reading by the COUNTY OF BROWN) Corpus Christi City Council on November 15,2022. /s/Rebecca Huerta I,being first duly sworn,upon oath depose and say that I City Secretary 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: 11/21/2022 On this November 21, 2022, I certify that the attached document is a true and exact copy made by the publisher: / // , egal Notice Clerk 17 / A Pr N ic, State o risconsin County of Brown 7/ 7/ Notary Expires SARAH BERTELSEN Notary Public Publication Cost: $97.15 State of Wisconsin Ad No: 0005491494 Customer No: 1490432 PO#: 032913 #of Affidavits 1 This is not an invoice