HomeMy WebLinkAbout024727 ORD - 01/08/2002
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,
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DHS
ENTERPRISES, L. p" BY CHANGING THE ZONING MAP IN
REFERENCE TO LOTS 1, 2, 3, AND 1.995 ACRES OUT OF LOT 4,
BLOCK 1, RIVER SQUARE UNIT 1, AND 3.178 ACRES OUT OF LOT
1A, BLOCK 8, RIVER SQUARE UNIT 2, (CURRENTLY ZONED "8-4"
GENERAL BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT
FOR WAREHOUSES AND LIMITED OUTSIDE STORAGE SUBJECT TO
FIVE (5) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; 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, L. P. 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,
December 5, 2001, during a meeting of the Planning Commission, and on Tuesday,
January 8, 2002, 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 for warehouses and limited outside storage on
Lots 1, 2, 3, and 1.995 acres out of Lot 4, Block 1, River Square Unit 1, and 3.178 acres
out of Lot 1A, Block 8, River Square Unit 2, (currently zoned "B-4" General Business
District), located along Twin River Boulevard, between McKenzie Lane and Interstate
Highway 37. A metes and bounds description for the 1.995 acres out of Lot 4 is
attached as Exhibit A. A metes and bounds description for the 3.178 acres out of Lot
1A is attached as Exhibit B.
SECTION 2, That the Special Permit granted in Section 1 of this Ordinance is subject
to the following five (5) 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 warehouses and
outside storage.
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2. OUTSIDE STORAGE: The outside storage is an accessory use to a main
use located on the same premise and is limited to no more than thirty (30)
percent of the premise. All outside storage must have a setback no less than
twenty (20) feet from any public right-of-way.
3. SCREENING: A solid screening fence with a height of not less than six (6)
feet must be used to screen the outside storage from view from surrounding
properties and public rights-of-way. 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.
4. LANDSCAPING: In addition to compliance with Article 27B, Landscape
Regulations, the subject property shall provide 5-gallon oleanders every five (5)
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.
5. 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, 1973, 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. 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 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) 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 8th day of January, 2002.
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Page 3 of 4
ATTEST:
THE CITY OF CORPUS CHRISTI
A -"ff;{- ~
Samuel L. Nea r. '
Mayor, The City of Corpus Christi
~. a~ '-
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM 1 January, 2002
By:
urtis
sistant City Attorney
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Corpus Christi,,]:exas
S"day of \JCU'u~-'\.rr2002
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,
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr. (l ~ G'
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Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
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Rex A. Kinnison
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John Longoria
Jesse Noyola
Mark Scott
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ZONING TRACT
NO\I8tnber 13, 2001
97108.MB
STATE OF TEXAS }
COUNTY OF NUECES }
~ of a 1.995 80re trac:l of land. more or 1_. . portion of Lol4, BIoc:k 1. The RNer
Sqll8Rl Unit 1. a map of which iI recorded in Volume 51. Pages 31 & 32, Mall Recorda. Nuecea
County, uid 1.996 ac:rw nc:t of land .. further deDc:ribood by metM 8nd bounds as follows:
BEGINNING at the eaetemmOlt comer of IIIIid Lot 4 for tha eeatemmost comer of the lr8ct herein
~;
Thenc:e S21'44'20'W aIonlI the southealt boundary lin8 of uid Lot 48 diatance of 152.80' to 8n
angle point in ..Id IIOUIMIIt bouncWy line of Lot ";
Thence continuing along ..id soulhe8al boundaly line of Lot 4 S21'36'45'W 20.88' to a point for
the southemmost comer of the traot herein delcribed:
Thence N68'13'5Q"W 500.42' to 8 point In the common l1ClIIthe8lIt right-of-way line of Twin RiVer
BIIId. and northwelt bouncWy line of IlIIcI Lot .. for the weetemm_ comtIr of the trlIOt herein
dtIIcrIMId:
Thenc:e along said common southealt rtght-of-wllY 1118 of Twin RiVer Blvd. and north:-'
boundary line of Lot 4 N21'46'10'E 173.68' to e point for the northernmost comer of the trac:l
herein dnc:ribed and northemmOlt comer of I8id Lot 4;
Thence along the oommon northBPt boundary line of said Lot 4 and soutI1W8It boundary line of
Lot 3,..id Block 1, The River Square Un~ 1, S68'13'SO'E 500.28' tDlhe POINT OF BEGINNING.
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ZONING TRACT
November 7, 2001
01108.MB
STATE OF TEXAS }
COUNTY OF NUECES }
Description of a 3.178 acre portion of Lot 1A. Block 8. The River Squ.re Unll2. a map of which 1$
recorded In Volume 59. Page 74, Map RlICOrds. Nuec:n County, Texn, said 3.178 acre traet of
lend as funher dncrlbed by m.m.. and bounds lIS follows:
BEGINNING at a potnt in lite norttlw88t right-Of-way line of Twin Riv.r Blvd. for the northeast
comer of the tnlet herein dncribed and 1I0uth'J'IlI_"i corner of Lot 1 8, said Block 8, The River
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Thence along $Uid northwest right-Of-way line of Twin River Blvd.S21'43'08'W 515.2T to the point
of curvature of a circular curve to the right having a centre I angel of 90'28'12-, a radius of 10.00'
and chord bearing of Sllll'18'49'W a dilllance of 14.20' ;
Thence along the arc of said circular curve to the right a distance of 15.79' to the point of
tangency. said point of tangency being in the northea'" right-of-way line River Run Blvd.;
Thence along said northeast r1ght-of-w.y line of River Run Blvd. NllV'11'OS"W 2eO.2~' to e point
for the 50uthwellt corner of the net herein d8$cribed;
Thence N21'43'0ll"E 470.59' to a point for the northwest comer otthe net herein described and
southwellt com.r of said Lot 1-B, Block B;
Thence along the south boundary line of Hid Lot 1-8, Block 8 S80'15'37"E 284_38' to the POtlIIT
OF BEGINNING.
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FlilAHCE GEF:\i\lt~;:;.
PUBLISHER'S AFFIDAVIT
02 JMI I' At., g: 4 I
State of Texas
County of Nueces
}
}
CITY OF CORPUS CHRISTI
ss: Ad # 4044318
PO #
Before me, the undersigned, a Notary Public, this day personaIIy came Eugenia
Cortez, who being first duly sworn, according to law, says that she is Customer
Service Manager of the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generaIIy circulated in
Aransas, Bee, Brooks, Duval, Jim Hogg, Jim WeIIs, Karnes, Kenedy, Kleberg,
Live Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that
the publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a
true copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Caller-Times Interactive on the 24TH day(s) of DECEMBER.
2001.
TWO (2 ) Time(s)
,~rc< :7 ~~~.
J
Credit Customer Service Manager
$201.08
Subscribed and sworn to me on the date of
DECEMBER 25, 2001.
.<"' ..'
Q tJfl4 ~ ~-j(mvu
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
{~ l- G~oVl~ - o1--Lf13f ~ o~tf1JL
3, b tf5 - () ~ L( 1 ~ I 4-- (VIs)()rrG~ 0 ~jt 7 ~(
~ ~ ~r-TlInes,MondlIv, Oeqember 24,2001
TlCE OF PUBLIC'
HEARING TO
CONSIDER ZONING
I APPLICATION($) OF
, THE CITY OF I
. CORPUS CHRISTl:
fNotlce is hereby a1ven In '
l accordance With the
\ law that the City .f
:, Council of the City of f
i Corpus Christl will J
i conduct _ a public
, hearing o'n TueedBy,
January 8. 2002,
during a regular
Council moetlng _
l commences at 2:00
p.m. to the City CouncIl
Chambers. City Hall.
1201 Leopard" to
~ tho tollowlng
~~==
.~~~~~~
'one!"'~ol
PIomIng. At _ _
one! pIoca of r-rini.
011 poroona andJ*loo
h...._ may_r
bafor.lho. CIty CouncIL
The zoning
appI_on(s) 10 be
oonal.red llit the
hNrina are as foIIQwe:
1. 120f'()l, Glenn E.
Lyorw; "R-2" IlultipIa
~018trict to
'~g;~~~'
.- General B~neu
~~-Localed80uth
'" ...". Drive aM
_ 01. South Stapias 1
-- .'
2. 120H)2. Glenn E.. ,
Lyons; oR_:!' Mu1tIplIl;
DweHlng DlsJrict. tb j
"AB" Professlonal'll
Offlca Illatrict end '50 j
4' General BuaII1OO$'
D__Loca. tad aoulhj
of Wllliarno llrtva andj
. ~f South ~~.,
3. 1201-03, DHS
e....."'_, LP; '11-4",
=a~ ~~~1=.1
Industrial DI8trlct..~~
Locatad on Twin _"
BOLlle. yard betw..1lf
McKinzie Lane ~
1_ Highway ~'.'
4. 120H14, Anna K.
Moore-Rush: .A-1'.~
Apartment House"
DIstrict to "AB
Professional Office
District--Located on the.
southwest cOmer of
AY$rs Str$$t an
OCean Drive.
Information may, b
obflllned by calnng th
Planning ,Departmen
at 880-3560 or visiti
the Plannln
Departmant at 120
Laopard -
'"' Annando
CIIy of g:.,.. Chri
,..
"
.
./
.
:-i;~r~,:'~'CL D:~:t.~\lr';E;'il
PUBLISHER'S AFFIDAVIT
02,1,'-'1 29 r,~' 10: 12
State of Texas
County of Nueces
}
}
ss:
CITY OF CORPUS CHRISTI
Ad # 4059121
PO #
Before me, the undersigned, a Notary Public, this day personally came Eugenia
Cortez, who being first duly sworn, according to law, says that she is Customer
Service Manager of 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, Karnes, Kenedy, Kleberg,
Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that
the publication of, NOTICE OF PASSAGE OF ORDINANCE(S): which the
annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on
the World Wide Web on the Caller-TImes Interactive on the 14TH day(s) of
JANUARY, 2002.
CJv&-, 0 ?.~7~1
TWO (2 ) Time(s)
~'Ii. -~ t?~.
Credit Customer Service Manager
$121.52
Subscribed and sworn to me on the date of
JANUARY 15,2002.
@YD/JIJ Ym /U~ J-cm.c.J~
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
,~,~
My commission expires on 04/23/05.
.
Corpus c.~~ ;€r' JaIlUllY 14,2OO2ID7
Of' PASSAGE
OF 0, NANCElS):.
NO. 024727. chorGIna
the zoning ma~~ '"
reference to. loIS 1.2.
3 and 1.995 ae,.. out
of Lot 4, Block 1,_
Square Unit 1, ond
3.178 'acres ol4t of Lot
lA. Block ~. Rfver
Square Unit 2.
(currenlty zoned........
General Busln..,
District) by g""" .
special p.rmlt lOr
warehouse. and
Umited 00_ .....
subject to try.
conditions; and NO.
024728. changing ...
zoning map In
role,.".", to Lot 1 _
. portion of Loto UIId
Q. IlIock 4, Ilayfmnt
T.rr.c..(cur,.."t~
zoned 'A-l' Ape.......
Ho""" District) by
granting a special
permit for medical ond
prof..slonal ,offio~
""'" oubject to . .
plan and flye _(I)
condItfons; a~
the Comprehenltve
Plan to I1ccount for My
.deviations to the
existing
Comprehensive Plan.
Thes. ordlnanc..
were p"sed and
_ by the CIty
CoIJncjI of the CIty 01
Corpus Christi on
January 8. 2002.
'"'-~
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