HomeMy WebLinkAbout030441 ORD - 03/10/2015 Ordinance amending the Unified Development Code ("UDC"), upon
application by Hayden Partners LLC ("Owner"), by changing the UDC
Zoning Map in reference to Lot 2, Block 3, River Square Unit 1, from
the "CG-2/SP" General Commercial District with a Special Permit for a
warehouse use to the "CG-2/SP" General Commercial District with a
modified Special Permit for a warehouse use; amending the
Comprehensive Plan to account for any deviations; and providing for
a repealer clause and publication.
WHEREAS, Hayden Partners LLC ("Owner") currently operates a warehouse use
for a business named Hayden and Company under a Special Permit granted in 2006 as
shown in Exhibit "A;"
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the Owner's 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, public hearings were held on
Wednesday, January 28, 2015, during a meeting of the Planning Commission, and on
Tuesday, February 24, 2015, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of
Corpus Christi and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Upon application made by Hayden Partners LLC ("Owner"), the Unified
Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by
changing the zoning on Lot 2, Block 3, River Square Unit 1, located along the north side
of Interstate Highway 37 Access Road at the southeast corner of Turtle Creek
Boulevard and River Run Boulevard (the "Property"), from the "CG-2/SP" General
Commercial District with a Special Permit for a warehouse use to the "CG-2/SP"
General Commercial District with a Special Permit for a warehouse use (Zoning Map
No. 060049), as shown in Exhibits "B" and "C." Exhibit "B," which is a location map, and
Exhibit "C" which is a site plan for the Property, are attached to and incorporated in this
ordinance by reference as if fully set out herein in their entireties.
SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the
Owner meeting the requirements of Exhibit C and the following conditions:
1. Permitted Uses: The only uses authorized by this Special Permit other than those
uses permitted by right in the "CG-2" General Commercial District are a warehouse
area up to 6,500 square feet for Phase 2 and up to a total of 10,000 square feet of
warehouse area for Phase 3 of the development.
n1 11.
INDEXED
2. Architectural Standards: Phase 1 warehouse buildings constructed on the lot shall
have a masonry facade. Additional warehouse buildings located behind the six-foot
screening fence are not required to comply with these architectural standards with a
maximum eave height of 24 feet.
3. Outside Storage: The outside storage is allowed as an accessory use to the
primary use located on the same premise and is limited to no more than 30 percent
of the premise. All outside storage must be set back a minimum of 20 feet from any
public right-of-way. No hazardous material will be stored in this area
4. Location of Outdoor Storage: Permitted outdoor storage shall not be located in the
front yard or forward of any structure towards Interstate Highway 37.
5. Lighting: All outside lighting will be directed away from surrounding properties.
6. Hours of Operation: Hours of operation will be limited to 7 a.m. to 7 p.m.
7. Screening: A solid wooden screening fence with a height of not less than six feet
must be used to screen the outside storage from view from surrounding public
rights-of-way and properties. The outside storage shall not extend above the height
of the screening fence, except that this limitation does not include machinery
equipment. A chain-link fence with slats shall not be considered to be a solid
screening fence.
8. Landscaping: In addition to compliance with UDC Section 7.3, Landscaping, the
subject property shall include 5- gallon oleanders every five feet on center between
the outside storage screening fence and the public right-of-way. All landscaping
must be kept in a healthy and growing condition at all times.
9. Landscape Screening: Additional screening of the storage area is to include oak
trees planted every 50 feet.
10.Time Limit: This Special Permit for the warehouse square footage authorized for
Phase 2 shall expire one year after approval of this Special Permit unless a
complete building permit application has been submitted for Phase 2. The Special
Permit for the warehouse square footage authorized for Phase 3 shall expire eight
years after approval of this Special Permit unless a complete building permit
application has been submitted for Phase 3.
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.
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.
0115-05 Revised CG-2 SP Ordinance-Hayden Partners LLC-Final.docx Page 3 of 3
SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning
of the Property and that are in conflict with this ordinance are hereby expressly
repealed.
SECTION 6. Publication shall be made in the City's official publication as required by
the City's Charter.
The foregpinglodinance s read for the first time an passed to its second reading on
this the t`ay of CHIP , 20 N, by the following vote:
Nelda Martinez Brian Rosas
Rudy Garza ---aLucy Rubio _ai-Zdid_
Chad Magill L • Mark Scott
_dij,
Colleen McIntyre P III Carolyn Vaughn Jam,
i 4 °
Lillian Riojas
4
The foregoing,,ordinance was read for he second time and passed finally on
this the IC day of /l O.)1 G , 20 )-5, by the following vote:
Nelda Martinez alb Brian Rosas
Rudy Garza i ,,: Lucy RubioAL—
Chad Magill 1 j ' Mark Scott
Colleen McIntyre (14L Carolyn Vaughn alb
Lillian Riojas 17:al—rj,
4:J
PASSED AND APPROVED this the 1V day of4I4-/KCAN-1 , 20 S .
ATTEST:
et-21-Q-4-,C-0- 141-""247-•-•
Rebecca Huerta Nelda Martinez
City Secretary Mayor
EFFECTIVE DATE 0 3011 1
011 15(R is CG-2 SP rdinance-Hayden Partners LLC-Final.docx Page 3 of 3
0
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE
DHS ENTERPRISES, BY CHANGING THE ZONING MAP IN
REFERENCE TO RIVER SQUARE UNIT 1, LOT 2, BLOCK 3
(CURRENTLY ZONED "B-4" GENERAL BUSINESS DISTRICT) BY
GRANTING A SPECIAL PERMIT, SUBJECT TO A SITE PLAN AND
TEN (10) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; 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 DHS Enterprises, 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,
May 31. 2006, during a meeting of the Planning Commission, and on Tuesday, June 27,
2006, 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 granting a Special Permit, subject to a site plan and ten (10) conditions
(currently zoned "B-4" General Business District), located along the northeast
intersection of Interstate 37 Access Road and Turtle Creek Boulevard. (Map 060050)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to the following ten (10) conditions
1 USES: The only uses authorized by this Special Permit other than those uses
permitted by right in the ''B-4' General Business District are office warehouse
uses, with a office area up to 1 .500 square feet and warehouse area up to 3,500
square feet with a maximum eave height of 24 feet.
2. ARCHITECTUAL STANDARDS: Office/warehouse buildings constructed on the
lot shall have a masonry façade.
Exhibit A
Ordinance No. 026839
.sq
Page 2 of 4
3 OUTSIDE STORAGE. The outside storage allowed as an accessory use to the
primary use located on the same premise and is limited to no more than 30
percent of the premise. All outside storage must be set back a minimum of 20
feet from any public right-of-way No hazardous material will be stored in this
area
4 LOCATION OF OUTDOOR STORAGE: Permitted outdoor storage shall not be
located in the front yard or forward of any structure towards 1-37.
5 LIGHTING: All outside lighting will be directed away from surrounding
properties
6 HOURS OF OPERATION: Hours of operation will be limited to 7 a.m. to 7 p.m.
7 SCREENING: A solid wooden screening fence with a height of not less than six
feet must be used to screen the outside storage from view from surrounding
public rights-of-way and properties. The outside storage shall not extend above
the height of the screening fence, except that this limitation does not include
machinery equipment A chain-link fence with slats shall not be considered to be
a solid screening fence.
8 LANDSCAPING: In addition to compliance with Article 27B, Landscape
Regulations. the subject property shall include 5-gallon oleanders every five feet
on center between the outside storage screening fence and the public rights-of-
way. All landscaping must be kept in a healthy and growing condition at all
times.
9. LANDSCAPE SCREENING: Additional screening of the storage area is to
include oak trees planted every 50 feet
10. TIME LIMIT: This Special Permit shall be deemed to have expired within two (2)
years from the date of this ordinance unless the property is being used as
outlined in condition #1 and in compliance with all other conditions and City rules
and regulations.
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
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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 1-6 of the City Code of
Ordinances.
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 so that this ordinance is passed upon first reading as an emergency
measure on this 27th day of June, 2006.
ATTEST: C r OF CORP S CHRISTI
Armando Chapa R1' ry Gar -tt.
City Secretary :yor, City of Corpus Christi
APPROVED: June 13. 2006
G W.74
Smith
Assistant City Attorney
For City Attorney
EFFECTIVE DATE
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Page 4 of 4
Corpus Christi, Texas
-,-n.
day of tttii_, 2006
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.
Respectfully. Respectfully.
' Garr:
Mayor, City if Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney . �,�
John Marez
Jerry Garcia
WNliam Kelly
Rex A. Kinnison _
Melody Cooper
Jesse Noyola
Mark Scott
H.1LEG-DIR\Shared\GaryS+agenda‘2006106-27,0506A7 ALT SPgws060613 doc
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PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad#480654
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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 REPRESENATIVE 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 PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 03/16/15 Mon
CC-Internet - caller.com 03/16/15 Mon
LEGAL SALES REPRESENTATIVE
On this day of M C�rCO , 20 173 I certify that the attached document is a true
and exact copy made by publisher.
Notary Public, S e of Texas
M
MYICHELLE CommissnJO( Y?EcRA
March 19Expires
'��, ,2016
6E I March 16,2015 I CALLER TIMES
t.e.ga1s --
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO.030441,Ordinance amend-
ing the Unified Development
Code ("UDC"), upon appli-
cation by Hayden Partners
LLC ("Owner"), by chang-
ing the UDC Zoning Map in
reference to Lot 2, Block 3,
River Square Unit 1,from the
"CG-2/SP"General Commer-
cial District with a Special
Permit for a warehouse use
to the "CG-2/SP" General
Commercial District with a
Modified Special Permit for
a warehouse use;amending
the Comprehensive Plan to
account for any deviations;
and providing for a repealer
clause and publication.This
ordinance was passed and
approved on second reading
by the City Council on March
10,2015.
/s/Rebecca Huerta
City Secretary