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Home My WebLink About025786 ORD - 06/08/2004AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROBERT D. DICKSON, JR., BY CHANGING THE ZONING MAP IN REFERENCE TO 4.90 ACRES OUT OF TRACT 4, NOAKES PARTITION FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT FOR WAREHOUSES AND LIMITED OUTSIDE STORAGE SUBJECT TO A SITE PLAN AND FOUR (4) 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 Robert D. Dickson for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 5, 2004, during a meeting of the Planning Commission, and on Tuesday, June 8, 2004, 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 4.90 acres out of Tract 4, Noakes Partition, from "R-1 B" One-family Dwelling District to "B-4" General Business District. (L11B & M10D) Metes and bounds description is attached as Exhibit A. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended and a Special Permit is granted for warehouses and limited outside storage on 4.90 acres out of Tract 4, Noakes Partition, (zoned "B-4" General Business District by Section 1 of this Ordinance). Metes and bounds description is attached as Exhibit A. SECTION 3. That the Special Permit granted in Section 3 of this Ordinance is subject to a site plan, attached as Exhibit B, and the following four (4) conditions: 1) USES: The only uses authorized by this Special Permit other than those uses permitted by right in a "B-4" General Business Distdct are warehouses and limited outside storage. H:tLEG-DIR~OSEPH~ONING-04~Z050401A.DOC 2 2) WAREHOUSES: Warehouse buildings on the property limited to three (3) buildings with a floor area not to exceed 6,000 square feet for each building. 3) OUTSIDE STORAGE: Outside storage on the property shall not exceed 50,000 square feet and located in accordance to the attached site plan. The outside storage must be screened from the public right-of-way and adjacent properties with a solid screening fence having a height of not less than six (6) feet. 4) TIME LIMIT: This Special Permit shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 4. That the official Zoning Map of the City of Corpus Chdsti, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Sections 1 through 4, inclusive, of this ordinance. SECTION 5. 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 6. That to the extent that the foregoing amendments to the Zoning Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 7. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 8. That publication shall be made in the official publication of the City of Corpus Chdsti 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 (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 June, 2004. H:\LEG-DIR~JOSEPH~-ONING-O4~Z05040 lA DOC 3 ATrES~ Armando Chapa City Secretary TH~ITY OF CORPUS CHRISTI Samuel L. Ne~l, Jrt' '~~ Mayor, The City of Corpus C~hdsti APPROVED J c-~,-~: ..~ 2004 By: Assistant City Attorney For City Attomey H:\LEG-DIR~JOSEPH~ONING-04~05040 lA.DOC 4 Corpus Christi, Texas ~I.. dayof ~-~-z-, 2004 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. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR~J OS EPH~ZONING-04~05040 lA.DOC 5 Apd114,2004 State of Texas § County of Nueces § Being a tract situated in Nueces County, Texas north of Up River Road a portion of the 24.18 acre tract out of the Noakes Land as described in the partition deed recorded in Volume 280 at Page 543 of the Deed Records of Nueces County, Texas, also being described as Tract 4 of the Noakes Partition and being more particularly described by metes and bounds as follows: BEGINNING at a 3 inch pipe found for the southeast comer of Tract 5 of said Noakes Partition in the northerly right, of-way of Up River road for the southwest corner and POINT OF BEGINNING of this tract; THENCE N28°16'E along a fence on the boundary between Tract 5 and Tract 4 of said Noakes Partition a distance of 692.96 feet to a point for the northwest comer of this tract; THENCE S61°40'02'' E across said tract for a distance of 303.16 feet to a point in the east boundary of Tract 4 for the northeast corner of this tract; THENCE S28°19'58" W along the east boundary of Tract 4 a distance of 717.14 feet to a concrete monument for the southeast comer of this tract said point lying in the north right-of-way line of Up River Road; THENCE N57°05'40'' W along the north line of Up River Road a distance of 303.31 feet to the POINT OF BEGINNING forming a tract embracing 4.90 acres; Mu~ay Bass, Jr., R.P.L.S. Note: This description has been prepared from documents of record and does not represent a survey made on the ground, EXHIBIT A H:\LEG-DIR'dOSEPH~ONING-04~05040 lA.DOC 6 EXHIBIT B H:\LEG-DIR',,J OS E PH~ONING-04~05040 lA.DOC PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS: CITY OF CORPUS CHRISTI Ad ~ 49O0425 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, 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 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 MAY, 2004. ~, 85.50 TW(~'~:{2 I Time(s) Credit Manager Subscribed and sworn to me on the date of MAY 25, 2004. RN°ot ~7 MP~A RblI i~ ' FNLUoe~ ~Coun ty, Texas Print or Type Name of Notary Public My commission expires on 04/23/05. D~Coq3us Chdsti Caller-Times, Monday. M-,, ~- PO04 I NO'~CE O~ PLIBUC HEAR[NG TO CONSIDER ZONING APPLiCATION(S) O~ THE CITY OF zoning a,opllca~(s) ~f City ~ C, eq~ Chr~ State o[~J~[ 16 ~ ~ Ii} r i exas } County of Nueces } PUBLISHER'S AFFIDAVIT SSi CITY OF CORPUS CHRISTI Ad # 4920366 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 pubhshed at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, dim 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 ORDINANCES 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 JUNE, 2004_ $152.50 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of JUNE 15, 2004. Notary Public, Nueces County, Texas ROSA MARiA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Chds[i Caller-Times, Mor)dey, June 14, 2004/13g OF ORDINANCES ~rom 'R-lB' One- and NO. 026787, ~ F~ ~ amendlna the i ~ Ch~ on ~e