HomeMy WebLinkAbout033021 ORD - 04/11/2023Case No. 1022-07 Arriba Development, LLC (District 1): Ordinance rezoning a
property at or near 10902 Interstate 37 from the "RS -6" Single -Family 6 District and
"CN -1" Neighborhood Commercial District to the "RS-6/SP" Single -Family District
with a Special Permit; Providing for a penalty not to exceed $2,000 and publication.
(3/4 favorable vote required due to protest by surrounding owners).
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 appear and 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 appear
and 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 being 14.63 acres out of Tract 13-A, Assessor Map 138, as shown in
Exhibit "A":
From the "RS -6" Single -Family 6 District to the "RS-6/SP" Single -Family 6 District with a
Special Permit.
The subject property is located at or near 10902 Interstate 37 as shown in Exhibit A & B.
Exhibit A & B, which is a metes and bounds with associated map, is attached to and
incorporated in this ordinance.
The Special Permit granted in this Section of this ordinance is subject to the following
conditions:
1. Use: The only use allowed on the subject property other than uses permitted in the
base zoning districts is a multifamily apartment complex with a density not to exceed
033021
SCANNED
280 dwelling units over the entire subject property. Total density of the subject
property shall not exceed 20 units per acre.
2. Buffer Yard: A 10 -foot -wide buffer yard and 10 -buffer yard points shall be required
along the property boundaries adjacent to single-family residential zoning districts or
residential use.
3. Building Height: No multifamily or nonresidential structure shall be located nearer
any property line adjacent to a single-family use or two-family use than a horizontal
distance of twice the vertical height of the structure. The height shall be measured
from the existing ground level to the plate.
4. Sessions Road: The construction of apartments cannot begin until the City has right
of way at least 60 feet wide from Interstate 37 Access Road/Up River Road north to
the northern property line of the subject property, approximately 1,368 feet, as shown
in Exhibit C, to allow for the construction of Sessions Road to the "C1" Collector Street.
Additionally, the construction of apartments cannot begin until Sessions Road from
Interstate 37 Access Road/Up River Road north to the northern property line of the
subject property, approximately 1,368 feet, as shown in Exhibit C, is reconstructed to
City standards of a rural street section (26 feet pavement width) on City right of way.
Therefore, no building permits for apartments shall be issued until the City has a 60 -
foot wide right of way identified above and Sessions Road has been reconstructed to
City standards of a rural street section (26 feet pavement width) as identified above.
5. Interstate 37: The applicant or subsequent owner will be responsible for the
coordination with the Texas Department of Transportation (TXDOT) for traffic
delineators along the outside lane of the Interstate 37 access road to prevent access
to/from Sessions Road to Interstate 37 on/off the access road.
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 12 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 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.
2
SECTION 4. 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 5. 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.
SECTION 6. 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 7. This ordinance shall become effective upon publication.
3
That the foregoing ordinance was read for the first time and passed to its second reading on this
the + e day of T`\CX(A) , 2023, by the following vote:
Paulette Guajardo Jim Klein 1V
Roland Barrera
Al -
Mike Pusley
Sylvia Campos A Everett Roy 4-1,e_
Gil Hernandez %-,4._ Dan Suckley A`1JL_-
nn 0
Michael Hunter r 9
That the fore oing ordinance was read for the second time and passed finally on this the
day of , 2023, by the following vote:
Paulette Guajardo Jim Klein NO
Roland Barrera
Sylvia Campos
Gil Hernandez
Michael Hunter
PASSED AND APPROVED on this the 1 day of
ATTEST:
Rebecca Huerta
City Secretary
EFFECTIVE DATE
Mike Pusley
Everett Roy
Dan Suckley
, 2023.
033021
Paulette Guajar•o
Mayor
Exhibit A
14.678 Acre Zoning Tract
STATE OF TEXAS
COUNTY OF NUECES
Job No. 31893.C2.00
November 11, 2022
Revised: January 16, 2023
Fieldnotes, for a 14.678 Acre Zoning Tract, out of Survey 419, Abstract 570, Nueces County, Texas; and being the same
14.632 Acre Tract of Land, described as Tract II, in a Warranty Deed with Vendor's Lien from The BAS-O-MOORE Limited
Partnership, a Texas limited partnership to Arriba Development, L.L.C., a Texas limited liability company, recorded in
Document No. 2005024464, Official Public Records of Nueces County, Texas; the said 14.678 Acre Zoning Tract, being more
fully described as follows:
Beginning, at a point at the intersection of the North Right -of -Way line of Interstate Highway 37, a public roadway
(R.O.W. Varies), and the West Right -of -Way line of Sessions Road, a public roadway (R.O.W. Varies), being the Southeast
corner of the said 14.632 Acre Tract and this Tract;
Thence, North 68°26'28" West, with the common boundary line of the said North Right -of -Way line and the South
boundary line of the said 14.632 Acre Tract, 278.48 Feet, to a TxDOT monument Found, for a corner of this Tract;
Thence, North 64°31'21" West, continuing with the said common boundary line, 108.80 Feet, to a point on the East
boundary line of Lot 6, Block 1, Buena Vista Subdivision, a map of which is recorded in Volume 17, Page 33, Map Records
of Nueces County, Texas, for the Southwest corner of the said 14.632 Acre Tract and this Tract;
Thence, North 00°44'40" West, with the West boundary line of the said 14.632 Acre Tract, 1263.04 Feet, for a
Northwest comer of the said 14.632 Acre Tract and of this Tract;
Thence, North 44°14'40" East, continuing with the West boundary line of the said 14.632 Acre Tract, 49.11 Feet, to
the Southwest corner of a 5.0 Acre Tract out of the North end of the C.H. Gurinsky 25 Acre Tract, for a Northwest corner of
the said 14.632 Acre Tract and this Tract;
Thence, South 81°01'26" East, with the common boundary line of the said 5.0 Acre Tract and the said 14.632 Acre
Tract, 556.80 Feet, to the said West Right -of -Way line of Sessions Road, being the Southeast corner of the said 5.0 Acre Tract,
for the Northeast corner of the said 14.632 Acre Tract and this Tract;
Thence, South 08°48'04" West, with the said West Right -of -Way line, and East boundary line of the said 14.632 Acre
Tract, 1376.58 Feet to the Point of Beginning, containing 14.678 Acres (639,385 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.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor
assumes no responsibility for its accuracy. Also reference accompanying sketc act described herein.
URBAN ENGINEERING
g4,44v Gstr
Brian D. Lorentson;1F:P.L.S.
License No. 6839
S:\Surveying\31893\C200E\OFFICE\METES AND BOUNDS\FN31893C200 20230116_OVERALL.DocxPage 1 of 1
OFFICE: (361)854-3101
2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404
www.urbaneng.com
TBPE Firm # 145 • TBPLS Firm # 10032400
FAX (361)854-6001
Notes:
Remainder of 6.6
Grid Bearings and Distances shown out of Surveys 304
hereon are referenced to the Texas and 418, Nueces County,
Coordinate System of 1983, Texas Texas
South Zone 4205, and are based (owner: South Texas
Rainbow, Ltd.)
(File No. 912118,
D.R.N.C.T.)
on the North American Datum of
1983(2011) Epoch 2010.00. (Record,
Bearing/Distance)
1
' "1x"
sbN
.?/ '/z• 3
/ /tip Block 3,/
/Buena Vista Addition
Vol. 68, Pg. 179, Mop
Records of Nueces
County, Texas,
/
2c. 2A
Lot 1, Block 3,
Buena Vista Addition.
Vol. 56, Pg. 148, Mop
Records of Nueces
County, Texas
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1.0 Acre out of Vidal
10Ayala 3.9 Acre TractP�
(Owner: Oscar and �_W
9 Lydia Mendoza) 0
(Vol. 1657, 11
Pg. 659, D.R.N.C.T.)�
7 Buena Visto Subdivision
Vol. 17, Pg. 33, Mai:
Records of Nueces County, Texas
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5.0 Acre Tract out of the
C.H. North end of the
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(wn Daniel F. Falcon) )
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Zoning Tract
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FIELDNOTES for a 14.678 Acre Zoning Tract,
out of Survey 419, Abstract 570, Nueces
County, Texas; and being the same 14.632
Acre Tract of Land, described as Tract Il, in a
Warranty Deed with Vendor's Lien from The
BAS—O—MOORE Limited Partnership, a Texas
limited partnership to Arriba Development,
L.L.C., a Texas limited liability company,
recorded in Document No. 2005024464, Official
Public Records of Nueces County, Texas.
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URBAN
ENGINEERING
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MONO 261154.3101 wowuRIIMlt40.Cw
Exhibit B
REV: Jan. 16, 2023
DATE: Nov. 4, 2022
SCALE: 1"=200'
JOB NO.: 31893.C2.00
SHEET: 1 OF 2
DRAWN BY: XG
urbansurveyi @urbaneng.com
02023 by Urban Engineering
Exhibit C
"RS-6/SP" Single-Familv District 6 with a Special
Permit
Sessions Road: The construction of apartments
cannot begin until the City has right of way at least
60 feet wide from Interstate 37 Access Road/Up
River Road north to the northern property line of the
subject property, approximately 1,368 feet, as
shown in Exhibit C, to allow for the construction of
Sessions Road to the "C1" Collector Street.
Additionally, the construction of apartments cannot
begin until Sessions Road from Interstate 37
Access Road/Up River Road north to the northern
property line of the subject property, approximately
1,368 feet, as shown in Exhibit C, is reconstructed
to City standards of a rural street section (26 feet
pavement width) on City right of way. Therefore, no
building permits for apartments shall be issued until
the City has a 60 -foot wide right of way identified
above and Sessions Road has been reconstructed
to City standards of a rural street section (26 feet
pavement width) as identified above.
Caller Tur
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
public hearing on March 28,
2023, during a regular
Council meeting which
STATE OF WISCONSIN) commences at 11:30 a.m. in
)) the Council Chambers, City
Hall, 1201 Leopard, to
COUNTY OF BROWN) consider the following
zoning application(s) which
are on file in Department
I, being first duly sworn, upon oath depose and say that I of Development Services.
am a legal clerk and employee of the publisher, namely, the At said time & place of
hearing, persons & parties
Corpus Christi Caller-Times,a daily newspaper published interested may appear
at Corpus Christi in said City and State,generally circulated before the City Council:
Case No. 1022-07 Arriba
in Aransas, Bee, Brooks, Duval, Jim Hogg,Jim Wells, Development (District 1):
Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Ordinance rezoning
property at or near 10902
Counties, and that the publication of which the annexed is a Interstate Highway 37,
true copy,was inserted in the Corpus Christi Caller-Times located along the north side
of Interstate 37, west of
in the following issue(s)dated: Sessions Road from the
"RS-6" Single-Family 6
District and the "CN-1"
Neighborhood Commercial
to the "RM-1" and "RM-2"
Multifamily Districts.
03/12/2023 /s/ Rebecca Huerta
City Secretary
On this March 12, 2023, I certify that the attached document
is a true and exact copy made by the publisher:
Legal Notice Clerk
Notary Public, - of Wisco in, Coun of Brown
chq.i
J
Notary Expires
VICKY FELTY
Notary Public
State of Wisconsin
Publication Cost: $189.30
Ad No:0005624585
Customer No: 1490432
PO#: Zoning 1022-07
#of Affidavits 1
This is not an invoice
e ,
faller Times
PART OF THE USA TODAY NET'WOR.:
Certificate of
Publication
NOTICE OF PASSAGE OF
ORDINANCE(S)
CITY OF CORPUS CHRIS TI -SECRETARY NO. 033021, Case No.
1022-07 Arriba
PO BOX 9277 Development, LLC
(District 1): Ordinance
rezoning a property at or
CORPUS CHRISTI, TX 78401 near 10902 Interstate 37
from the "RS-6"
Single-Family 6 District
and "CN-1" Neighborhood
Commercial District to the
STATE OF WISCONSIN) "RS-6/SP" Single-Family
)) District with a Special
Permit; Providing for a
COUNTY OF BROWN) penalty not to exceed $2,000
and publication. This
ordinance was passed and
I,being first duly sworn, upon oath depose and say that I approved on second
am a legal clerk and employee of the publisher, namely,the reading by the Corpus
Christi City Council on
Corpus Christi Caller-Times,a daily newspaper published April 11,2023.
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
in the following issue(s)dated:
04/17/2023
On this April 17,2023, I certify that the attached document is
a true and exact copy made by the publisher:
Legal Notice Cle k
•.L A Laid arlA
Notary Pub ic,State of sconsin, 1unty of Brown
,
Notary pires
VICKY FELTY
Notary Public
Publication Cost:$121.40
Ad No:0005665534 State of Wisconsin
Customer No: 1490432
PO#: NO. 033021
#of Affidavits1
This is not an invoice