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HomeMy WebLinkAbout024727 ORD - 01/08/2002 Page 1 of4 , 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. ilLEGAL \LAWlLEG-DIR\DOYLEDCURTISIMYDOCS\2001 \P&ZORD01 IZONING.ORD\DOYLEC\2001 IZ1201 03A. DOC ,. ',_~ t - ~ },.., I) '6'-~. ( ,-.. f Pag~ 2 of 4 . 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. ilLEGAL \LAWlLEG-DIR\DOYLEDCURTISIMYDOCS\2001 \P&ZORD01 IZONING. ORD\DOYLEC\2001 IZ1201 03A. DOC I r , 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 IlLEGAL lLAWlLEG-DIRIDOYLEDCURTISIMYDOCS\2001 IP&ZORD01 IZONING.ORD\DOYLEC\2001 IZ1201 03A. DOC Page 4 of4 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' /y . _vvCI t., 10" , .f !." f~_ ',1' r-',~' Brent Chesney Javier D. Colmenero Henry Garrett William Kelly I t ~ t, '..' ,,/,-, ._,l~...j Rex A. Kinnison ~- -,;- ""'. '. ""'/ 0- ~/ ~I\j- ~ ~ John Longoria Jesse Noyola Mark Scott IILEGALILAWlLEG-DIRIDOYLEDCURTISIMYDOCS\2001 IP&ZORD6j \ZbM~p.O~DOYLEC\2001 \Z1201 03A. DOC :- " Ii.' '1.' 7 J.., T ( ... . NOV-13-2QO 1 04: 52 PM 81 J AND WELSH HIG 361. 21265 P,02 My"".. ..... "I",. IU.. IUIL.., 10"'0" M, WI"''', RE.. 1l.I'L.a. loa.. a. A.......I.. ~... ." ......., . "... all ...',... ".....1.. m"mYlr.eool.com "....,L. nbullweool.com BA.. ac WELSH ENGINEERING 1'0. _ "D7 Co"r". C"a.eTI, T...... 7M.....7 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. NMW:ngo -tO~~.~.~.L.S CA'=>E. NO), i 20\-')::' . T T MURRAY..", J..., "'1:.. N......... NIIION M. W....", ~.., ........... '0'. ~. A"AMltDA "'". ,.' ......., "A. .., ....11.. '-MAI"'I muM)'jt..lOl.com .-MAI": n.fxmw.IOI.com BA.. 8l WEL8H ENGINEERING ,",0. BDX 1387 co..~v. C"...."", ".a.... 7......3.7 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 S~~Unll~ e~1 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. NMW:ngo tI!:/i ~':;f7:.;!::;",:):~:. ~'_. ~",,~,:,':"',fii\ ~ nl7 4 J ~';~...\GTr1"(;o~~i' . " w~ ; .,. ,. ;,~ ';IX M. WELSH. R.P.L.S. .....~:. WELr..H .'. . NI)(O" M~, ...... .~., ........2211 'V" .~ ~'r"~ ( ",O~lIlJS\o,~jO.(; Nii.....~~(...~ SU~ t?- ~~~,~.,~~/ ,"l'~. C",,, No. I Ztll- 03 . T . 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. '"'-~ Cltyol~~ - I" 1"1