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HomeMy WebLinkAbout026839 ORD - 06/27/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE DHS ENTERPRISES, BY CHANGING THE ZONING MAP IN REFERENCE TO RIVER SQUARE UNIT 1, LOT 2, BLOCK 3 (CURRENTLY ZONED "B -4" GENERAL BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT, SUBJECT TO A SITE PLAN AND TEN (10) CONDITIONS: AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; 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, 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 31 2006, during a meeting of the Planning Commission, and on Tuesday, June 27, 2006, 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, subject to a site plan and ten (10) conditions (currently zoned "B -4" General Business District), located along the northeast intersection of Interstate 37 Access Road and Turtle Creek Boulevard. (Map 060050) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following ten (10) conditions USES: The only uses authorized by this Special Permit other than those uses permitted by right in the 'B -4' General Business District are office warehouse uses, with a office area up to 1,500 square feet and warehouse area up to 3,500 square feet with a maximum eave height of 24 feet. ARCHITECTUAL STANDARDS: Office /warehouse buildings constructed on the lot shall have a masonry facade. Page 2of4 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 set back a minimum of 20 feet from any public right -of -way. No hazardous material will be stored in this area 4 LOCATION OF OUTDOOR STORAGE: Permitted outdoor storage shall not be located in the front yard or forward of any structure towards 1 -37. LIGHTING: All outside lighting will be directed away from surrounding properties 6 HOURS OF OPERATION: Hours of operation will be limited to 7 a.m. to 7 p.m. 7 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. 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. LANDSCAPE SCREENING: Additional screening of the storage area is to include oak trees planted every 50 feet. 10. 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 H \ LEG -DIR\ Shared\ GaryS ',agenda`,2006 \06 -27 O506-c; ALT SPgws060613 doc Page 3 of 4 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. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 8. 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 9. That upon written request of the Mayor or five Council members, copy attached. the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 27th day of June, 2006. Armando Chapa City Secretary APPROVED: June 13, 2006 ) niit Gary 1PU. Smith Assistant City Attorney For City Attorney OF CORP S CHRISTI ry Gar tt. yor, City of Corpus Christi \LEG- DIR \Shared\GaryS\ \agenda \?006 \06 -27 0506-C7 ALT SPgws060613doc EFFECTIVE DATE —/3i'o40 Page 4 of 4 Corpus Christi, Texas 7)\ ,_ day of , 2006 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. Council Members Respectfully, Garr Mayor, City f Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia Wiliam Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H \LEG- DIR\Shared \GaryS∎ agenda' 2006 \06 - 27,0506 -Q' ALT SPgws060613 doc State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5500281 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Sales Representative 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 12TH day(s) of JUNE, 2006. $321.73 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. MICHELLE JOYCE CABRERA M4 20MM is *ION EXPIRES Milrch 1 v; 2008 C LLER- TIMES.June12 2006• Monday . 11F OTICE OF PUBLI HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday, June 27, 2006 during a regular Council meeting which commences at 10:00 a.m. in the City Council chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of w h i c h s a i d application(s) are on file in the Office of the City Secretary and the Department of Planning. At said time and place of hearing, all persons and parties interested may appear before the City Council. The zoning, application(s) to be considered at the hearing is as follows: 0506 -04, HEB Grocery Company, LP: "R-1B/SP" One - family Dwelling District with Special Permit to a "B- 4" General Business District - Located 167 feet east of Delano Lane and Robert Drive intersection 2 0506 -05. Mariano Fernandez: "R -1B" One - family Dwelling District to a "B -1" Neighborhood Business District - Located 500 feet north of McArdle Road and east side of Dorothy Drive. 3 0506 -06, Louis R. and Lucy Nell Evans: 'R -1 B" One - family Dwelling District to a "1- 2" Light Industrial District - Located at the southwest intersection of Bretton Road and Brezina Road and west of Weber Road' (WOW)_ 4. 0506 -07, DHS 1 Enterprises: "B -4" ' General Business District to a "1 -2" Light Industrial District - Located along the northeast intersection of Interstate 37 Access Road and Turtle Creek Boulevard. 5. 0506 -08, MG Building I Materials: "R -1B" One - 1 family Dwelling District, "B -4" General Business District, "T- 1A" Travel Trailer Park District (T -1 A), and a "T-16" Manufactured Home Park District to an "1 -2" Light Industrial District - Located 2120 feet from the northwest , intersection of Ennis Joslin and SPID. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street /s/ Armando Chap City Secretary City of Corpus Christi State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5516084 PO # Before me. the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Sales Representative )f 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 cope . was insetted in the Corpus Christi Caller -Times and on the World Wide Web o° : the Caller -Times Interactive on the 3RD day(s) of JULY, 2006. $292.63 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of.. 7/1/x, 6, Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. Yr Or' MICHELLE JOYCE CABRERA : *= MY COMMISSION LXPIIIES March 19, 2008 A I_ E A r M E S• Jul 3. 2006. Monday • 1 1 F LEGAL NOTICES t NOTICE OF PASSAGE: OF ORDINANCES: NO. 026837, amending the Zoning Ordinance upon application by HEB Grocery Company. LP by changing the zoning map in reference to Alameda Estates Block 2, Lots 7C. 7D 7E 7F and a portion of Lot 3, (currently zoned "R-1B/SP" One- family Dwelling District with a Special Permit) by granting a Special Permit for 91 parking spaces and a drive - through pharmacy. subject to a site plan and five (5) conditions NO. 026838, amending the Zoning Ordinance. upon application by Louis and Lucy Evans. oy changing the zoning map in reference to Brezina Farm Tracts. being a 3.271 acre tract out of Lot 1. Block 1 trom "R -1B" One - family Dwelling District to "1.2" 1,ight Industrial District; NO. 026835, amending the ornng Ordinance, upon application by DHS Enterprises by changing the zoning map in reference to River Square Unit 1 Lot 2, Block 3. currently zoned "8 -4' General Business District) by granting a Special Permit, subject to a site plan and ten 10) conditions; and NO. 026840, amending the Zoning Ordinance, upon application by MG Building Materials. Ltd., by changing the zoning map in reference to Joslin • Tract, Block A. Lots 7 and 8, and 0.941 acres out of Lot 3, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from 'R- 1B" One - family Dwelling District, "T -1A (T -1)• Travel Trailer Park District, "7-1B" ' Manufactured Home Park District, and '6 -4° General Business District to "B -4` General Business • District and granting a Special Permit for outside storage. subject to a Site Plan and six conditions; amending 'he Comprehensive Plan to account for any deviations from the e x i s t i r g Comprehensive Plan; providing a penalty. These ordinances were passed and approved by the City Council of the City of Corpus Christi on June 27, 2006. Armando Chapa City Secretary 4144...0 ty of Corpus Chost