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Home My WebLink About025357 ORD - 06/24/2003Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY FLINT HILLS RESOURCES, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO NUECES BAY HEIGHTS, BLOCK 22, LOTS 1 THROUGH 20, (CURRENTLY ZONED "R-lB" ONE-FAMILY DWELLING DISTRICT AND "A-I" APARTMENT HOUSE DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A TEMPORARY OFF-STREET PARKING LOT SUBJECT TO A SITE PLAN AND SEVEN (7) 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 Flint Hills Resources, LP 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 7, 2003, during a meeting of the Planning Commission, and on Tuesday, June 24, 2003, 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 a temporary off-street parking lot subject to a site plan and seven (7) conditions on Lots 1 through 20, Block 22, Nueces Bay Heights, (currently zoned "R-1B" One-family Dwelling District and '%-1" Apartment House District), located between Nueces Bay Boulevard and Floral Street and between Hulbirt and Noakes Streets, as shown on the attached Exhibit A. SECTION 2. That the Special Permit granted in Section I of this Ordinance is subject to a site plan attached as Exhibit A and the following seven (7) conditions: USES: The only uses authorized by this Special Permit other than those uses permitted by right in an "R-lB" One-family Dwelling District and an "A-I" Apartment House District is a six (6) month temporary off-site parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 412 parking spaces. H:\LEG*DIRUOSEPH~ZONING\0503-04SP.DOC Page 2 of 4 SCREENING: Temporary screening fence constructed with chain link and slats with a height of not less than six (6) feet must be installed and maintained by the applicant: a) Along a line parallel to and not less than 50 feet west of the Floral Street right-of-way line, and b) Along a line parallel to and not less than five-(5) feet north and south of the rights-of-way line of Noakes and Hulbirt Street, respectively, adjacent to and west of the fence required in Item (1) above. LANDSCAPING: As a temporary use, the normal landscape requirements are waived, and in lieu thereof, the following is required: a) A minimum 50-foot wide landscape buffer will be maintained on the east end of the subject property along the Floral Street right-of-way. All healthy trees of 12-inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area, b) All healthy trees of 12-inch caliper or more shall be preserved within 25 feet of Nueces Bay Boulevard and Noakes and Hulbirt Streets right-of-way lines. The ground area around the trees to be preserved must not be disturbed by excavation or filing of base or paving material within a distance of ten (10) feet from the tree trunk, c) A minimum five (5) foot wide landscape area must be maintained along the north and north sides of Noakes and Hulbirt Streets between the public sidewalk and the screening fence, respectively, and d) Existing healthy trees of a minimum 12-inch caliper located in the interior of the proposed parking lot and not in the aisles must be preserved. ACCESS: Vehicular access shall be allowed to and from Nueces Bay Boulevard only. Vehicular access is prohibited from Noakes, Floral, and Hulbirt Streets. LIGHTING: All security lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and public rights-of-way. SIGNAGE: Except for directional signage, no other signage is permitted. TIME LIMIT: The Special Permit expires one (1) year from the effective date of the ordinance or when the temporary parking use terminates and the site is returned to conditions which existed prior to the approval of the Special Permit, whichever occurs first. In either case, the applicant must remove all base and paving material and fill the site with topsoil to the approximate grades which H:\LEG-DIR~JOSEPH~.ONING\0503-04SP DOC Page 3 of 4 existed prior to the approval of the Special Permit and the applicant must reestablish grass on the entire site before the Special Permit expires, notwithstanding the trees preserved per Special Permit landscape requirements. 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. 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 24th day of June, 2003. Ar~n~'~do Chapa City Secretary APPROVED '-)~ ~ Joseph Harney Assistant City Attorney For City Attorney 2OO3 THE CITY OF CORPUS CHRISTI Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEPH~ZONING\0503-04SP DOC Page 4 of 4 Corpus Christi, Texas ~L~dayof 7~,'~-, ,2003 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, ,~-amu(~l L:N~, Jr.' Mayor, The City of CorpuC'Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott DOO 0 2 5 3 ? B-23-283 7:~6AH FROM PLANNING ~ ....... ~ ~-- ~.~, SITE PLAN "ATTACHMENT 1 " 0503-04 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces SS: CITY OF CORPUS CHRISTI Ad # 4590864 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit 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, Dural, 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 30TH day(s) of JUNE, 2003. $~.~7.96 TW(!~(2 ) Time(s) Credit Manager Subscribed and sworn to me on the date of JULY 01, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Monday, ,June 30, 2003 NOTICE OF PASSAGE OF ORDINANCE(S): NO. 025357, by changing the zoning map in reference to Nueces Bay Heights, B~ock 22, Lots 1 through 20, (currently zoned "R-tB" One- family Dwelling District and 'A-l" Apartment House District by granting a specia permit for a temporary off-street parking lot subject to a site plan and seven conditions; 025358, by changiqg the zoning map ~n reference to 1.435 acres out of Flour Bluff and Encinal Farm ar~l Garden Tracts, Section 28, Lot 12, from "A-I" Apartment House District to "B-4" General Business District; emending the Comprehensive Plan to account for ar deviations from e x i s t i n Comprehensive Plan This ordinance was passed and approved by the City Council ct the City of Corpus Chdsti on June 24, 2003. /s/Armando Chapa City Secretary City of Corpus Christi