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HomeMy WebLinkAbout026279 ORD - 05/24/2005 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SIZEMORE REAL ESTATE, LLC; BY CHANGING THE ZONING MAP IN REFERENCE TO RIVER SQUARE UNIT 1, BLOCK 1, LOT 1 THROUGH 3, (CURRENTLY ZONED "B-4" GENERAL BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT FOR WAREHOUSE/OFFICE USES SUBJECT TO SITE PLAN AND NINE (9) 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 Sizemore Real Estate, LLC. 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, March 23, 2005, during a meeting of the Planning Commission, and on Tuesday, April 26, 2005, May 10, 2005, and May 24, 2005 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 warehouse/office uses, on River Square Unit 1, Block 1, Lots 1 through 3, (currently zoned "B-4" General Business District), located north of IH 37 frontage road, south of McKenzie Lane and east of Twin River Boulevard, as shown in the attached Exhibit. (060050) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A - and the following nine (9) 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 warehouse/office uses, with a warehouse area up to 3,500 square feet and office area up to 1 ,500 square feet with a maximum eave height of 24 feet. 2 ARCHITECTUAL STANDARDS: warehouse/office buildings constructed on each lot shall have a masonry fa~ade. H. \LEG-DI RlJoseph\Zoning-05\0305-040RDSPaltA2 G26279 Page 2 of 4 3. SETBACKS: Buildings constructed on each lot shall be uniform as to front yard setbacks. 4. 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 setback a minimum of 20 feet from any public right-of-way. 5 LOCATION OF OUTDOOR STORAGE: Permitted outdoor storage shall not be located in the front yard or forward of any structure on each lot. 6. 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. 7. 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. 8. LANDSCAPE SCREENING: Additional screening of the storage area is to include oak trees planted every 50 feet. 9 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. 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. H' ILEG-OI RIJosephlZoning-05\0305-040ROSPaltA2 Page 3 of 4 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 May, 2005. ATTE~ Armando Chapa City Secretary ity of Corpus Christi APPROVED ,yl c''j . i 2005 r '1\../'-.. (\............ Joseph H~rney ') Assistant City Attorney For City Attorney EFFECTIVE DATE c:; /~O /0:> ( I H:\LEG-DIRIJosephlZonlng-05\0305-040RDSPaltA2 Page 4 of 4 Corpus Christi, Texas ~ day of (Y\~, 2005 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, Jbt.~ Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: John E. Marez Jesse Noyola Mark Scott Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison D1~ H .\LEG-DIRIJosephlZoning-05\0305-040RDSPaltA2 G2t;279 5-83- 205 1, 09PH FROH COBB, LUNDQUIST L ATNIP P2 Jun 03 05 II:OOa 3618544499 p,~ --I I I ~ I l 1 I I .. 9 ---- II "WB Co..~ e O~05-DL{ - SI.Z:e.!J~orx Su-\<~E'd 'P'~ bA~ ~(Pr~ -- ....... -~ _._-- tKk: W A PUBLISHER'S AFFIDAVIT ;"j';," " r' - .' , . ,,\,".:,~L '. ~'"Tt'l''-''' l-L'./"'i\ 1,.4tl OS APi? 18 AM If: 56 State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5174847 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR 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 11TH day(s) of APRIL, 2005. $174.28 .bL'~ (jjUu~.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of APRIL 12,2005. c:f?~ 'torarU/L_~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. CALLER.TIMES.April11,2005.MoItday,9F iNOTICE OF PUlLI 'HEAPlIIOjG T : COIl8IIlEI'l Z APPlICATIOI>l(S) 0 THE CITY 0 COPIPUS CHRISTI _II horeby giwn I UH .._ with 11 la. thai the elf ~ or ... Cly CoitKMt Christi wi oonthlol a pubtl _ on T_~ AprtI 211, 2005 dutfng I regular Counci me.tlng whlct oornmences at 10: a.m. In 1110 City Cou ChambaIo, City 1201 Leopard, t _'1110 zoning appt_(a) which sai 8PPI6cation(a) are tIIO In tho 0tiIc0 or City -ry and Department 0 PlannIng. Al aaId ti and place or 011 poraons and __1111.:1 may -.... City The zonl" appllcatlon(s) to b considered at th ~:",fcillowa __,I,.LC:'B 4- General Bustnes DIalrIct to '1-2' . Industrial District Located north oIlH-3 F_ Road, of McKenzie Lane an N8I: of Twin Boulovard. tormatlon may b _nod by -"II _1"11 the ~rtma of Develop men Servlc.s, Plannin _al(361) 3580. 2_ Laopa _. 101_ Cityor~ ,., "\.~ -, State of Texas (I'j ~cl." . County of Nueces PUBLISHER'S AFFIDAVIT r. \ '1 \\\ 2' ..J ss: CITY OF CORPUS CHRISTI Ad # 5218535 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR 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 ORDINANCES which the annexed is a true copy, was insertcd in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 30TH day(s) of MAY, 2005. $249.9:1: TWOJ2J Time(s) l~L'aJLO.- (fjUuo-;P.s~ SENIOR COLLECTOR Subscribed and sworn to me on the date of MAY 31, 2005. (~Cb4...~ ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. ~'NOTICE OF PASSAGE ! . OF ORDINANCES 'NO.028279, amending the Zoning Ordjnance, upon application by Sizemore Real Estate, LLC; by changing the zoning map in reference to River Square Unit 1, Block 1, lot 1 through 3. (currently zoned uS_ 4" General Business District) by granting a Special Permit for warehouse/office uses subject to site plan and nine (9) conditions; NO. 026210. amending tho Zoning Ordinance, upon application by Stapl.. DeveIo_nt, LLC, by '*""'lI!IillI the zoning. ""'I' In........ 10 9.llIl _ <\Ul of Flour BIIMandl!riclnalFann and Garden -tracts, Section 20, LofIo. 2' and 22. from "F_RM Farm-Rura1 District to uA~2. Apartment House District. Tract 1 and "B. 1" Neighborhood Business District . Tract 2; NO. 028211, amending the Zoning Ordinance, Upon I application by tho CIty . 01 Co",,* Chrlatl! Lindmark Commll.lon .nd _cl,__, by changing the ZllIW1g map In "_10 DOl .....-Molon.1IIoci< 18, Lot 3 fn>m 'R.1B' Ona-family ewa"lng Diotrict to 'R.1B" Qno. family 0waIling DI8Ir1ct witlla HC.IV' Hlatorioal Classification, NO. 02tII2, ~ tho Zoning Ordinance, upon appIlcalion by the Clty 01 Corpua CIiIIatI Lindmark Comm.....n and Gama'Ia' Oliva. by chanak1g the zoning m$P In reference to Del MS, Subdlvialon. Block 18, Lot 8 !tom R,'B One-family Dwetfing District to R-1 B One- family Dwelling District with a HC-IV Historical Classification; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. These ordinances were passed and approved by the City Council of the City of Corpus Christi on May 1M, 2005. '"' Armando Chapa CIty Sectetary CIIY of Corpus Christi