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Home My WebLink About028900 ORD - 12/14/2010Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THOMAS S. MACKIE III, BY CHANGING THE ZONING MAP IN REFERENCE TO APPROXIMATELY 1.972 ACRES OF CALALLEN ANNEX, TRACT B, LOCATED EAST OF THE INTERSTATE HIGHWAY 37 AND APPROXIMATELY 570 FEET SOUTH OF REDBIRD LANE AT 13142 INTERSTATE HIGHWAY 37, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT FOR A STORAGE YARD SUBJECT TO THE SITE PLAN AND THE FOLLOWING SIX (6) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Thomas S. Mackie III, For amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 10, 2010, during a meeting of the Planning Commission, and on Tuesday, December 14, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on approximately 1.972 acres of Calallen Annex, Tract B, located east of the Interstate Highway 37 and approximately 570 feet south of Redbird Lane at 13142 Interstate Highway 37, from "R -1B" One -Family Dwelling District to "B-4/SP" General Business District with a Special Permit for a storage yard, subject to a site plan, attached (Exhibit A), and six (6) conditions. (Zoning Map 065051) (Exhibit B). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. Uses: The only use authorized by the Special Permit is a tractor trailer storage yard and all uses allowed by -right in the "B-4" General Business District. 028900 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda112-14-101Mackie, Thomas SIORD-zonoing R1 -B to B4-SP.DWB12-2- 10.amendedl2-17-10.doc INDEXED Page 2 of 4 2. Storage Yard: The storage yard shall be limited to no more than ten (10) tractor trailers. 3. Landscaping: Landscaping will consist of undisturbed and irrigated native vegetation which will provide more than adequate screening between the subject property along Interstate Highway 37 frontage road and the residential properties adjacent to and north of the subject property. The twenty-five (25) foot wide native vegetative screen as measured from the subject property lines shall remain at a minimum in accordance with Article 27B Landscape Requirements for new construction in the "B-4" General Business District. 4. Screening: A solid screening fence with a height of not less than six feet shall be installed on the North side of the subject property (the side facing the residential district), and it may be placed directly inside of the undisturbed, native vegetation line, as opposed to along the property line. If the undisturbed, native vegetation does not provide visual screening, then a chain link fence with slats shall be installed along the remaining property lines. 5. Lighting: All overhead lighting shall be shielded and/or directed away from adjacent properties and right-of-way so as to minimize glare and light trespass into neighboring residential properties and vehicular traffic. 6. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless at that time the property is being used as outlined in Condition #1 and in compliance with all other conditions, in which event the Special Permit shall continue in effect and applicant's use and development of the property shall continue to be subject to the conditions of the Special Permit. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35-3 of the Zoning Ordinance of the City of Corpus Christi. M:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda112-14-101Mackie, Thomas S10RD-zonoing R1 -B to B4-SP.DWB12-2- 10.amendedl2-17-10.doc Page 3 of 4 SECTION 8. That 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 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings sokiat this ordinance is passed upon first reading as an emergency measure on this !4 day of D�Crn►6er, 2010. ATTEST: CITY OF CORPUS CHRISTI adekelie Armando Chapa Joe Jr{dame City Secretary Mayor, City of Corpus Christi APPROVED: /o ./y , 2010 eborah Walther Brown Assistant City Attorney For City Attorney H:1LEG-DIR1SharedIEGAL-DEV.SVCS12010 Agenda112-14-101Mackie, Thomas S\ORD-zonoing R1 -B to B4-SP.DWB12-2- 10.amended 12-17-1 0.doc Corpus Christi, Texas day of beettiber,2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Page4of4 Respectfully, Council Members The above ordinance was Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Respectfully, Joe P !ame Mayor, City of Corpus Christi passed by the following vote: EFFECTIVE DATE bwi tber �_Dt-10(0 H:1LEG-DIRISharedlLEGAL-DEV.SVCS12010 Agenda112-14-101Mackie, Thomas SIORD-zonoing R1 -B to B4-SP.DWB12-2- 10.amended12-17-10.doc . W1 NO. .. ,.../ 251111MINN EXHIBITA- SITE PLAN 4.. • ALA4LEAF A :0%k SUB JECT PROPERTY 2 G LALLEAf A priparQday:,sem as 0i -a Oev Vapw entS MINS, CASE: 1110-02 EXHIBIT B PLNNIN a COMMISSION" & STAFF'S RECOMMENDATION FROM; IR -1B TO: R-1 B/ P IORDINANCE NO. 'LOCATION MAP State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5955612 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE 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, NOTICE OF PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 11/29 / 2010, 11/29 /2010. $ 169.50 1Time{s} LEGAL SALES R RES NTIVE On this a">� gday of , 21 I certify that the attached document is a true and an exact copy made by publisher. WENN J, MEDINA MY COmmisSIQN EXPIRES August 2, 2012 Notary Public, State of Texas 4E» November 29, 2010;.D. CALLER -TIMES NOTICE OF PUBLIC HEARINGTo CON- SIDER ZONING APPLICATION(S) OF THE CITY OF COR- PUS CHRISTI Notice is hereby giv- en that the Corpus' Christi City Council will conduct a public hearing on December 14, 2010 during`a regular Council meet - g which commences at 12:00 pm in the Council Chambers, -City: Hall, 1201 Leopard, to consider the following zoning appiication() which are on file in the Office of the City Secretary & the Dept. of Planning. At said time & place of hear- ing persons ' & parties 'interested may appear before the City Council: 1.` 1110-02, Thomas 5." Mackie From the "R -la" One-fami- ly°'Dwelling'District'to the "1-2" Light Indus- trial District- Located east of the Ii -I 37 and approximately570 ft. south of Rebird Ln. at 13142'1H37._ Information: may be obtained by calling or visiting the Dept. of Development 'Ser- vices, -Planning Section at (361) 826-3560, 2406 Leopard St, /s/ Armando Chapa City Secretary i State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5957219 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHERz 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, NOTICE OF PASSAGE OF ORDINANCE NO. 02890 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/20/2010, 12/20/2010. $ 134.58 1Time(s) LEGAL SALES EPRESENTIVE On this ice" `day of becemkr, , 2001 certify that the attached document is a true and an exact copy made by publisher. GWENN J. MEDINA MY COmM a QN EXPIRES August2, 2012 otary Public, State of Texas 4E D December20, 2010.» CALLER-TIMESAolalooper NOTICE OF PASSAGE OF ORDINANCE NO. 028900, .Amend- ing the Zoning Ord., upon 'application by Thomas S. Mackie, III, by changing the Zoning Map in.refer- ence . t. o approximately 1.972 acres of Calallen An- nex, Tract B, located east of the Interstate Highway 37 8s ap- proximately 570 feet south of Redbird Lane at 13142 IH 37, from "IR -113" :One- famliy Dwelling Dis- tr•ict to;;:"B-41SP" General Business District: with a Special Permit for a storage yard, without result- ing in1'a"'change - of future land use, but subject to the Site Plan & the following six; (6) °conditions Thls rd, was passed & approved by the Corpus Christi City Council on Dec. 14, 2010. /s/ Armando Chapa City Secretary v