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Home My WebLink About026840 ORD - 06/27/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MG BUILDING MATERIALS, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO JOSLIN TRACT, BLOCK A, LOT 7 AND 8, AND 0.941 ACRES OUT OF LOT 3, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT, "T-1A (T -1)" TRAVEL TRAILER PARK DISTRICT, "T-1B" MANUFACTURED HOME PARK DISTRICT, AND "B -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 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 City of Corpus Christi, 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 changing the zoning to a "B -4" General Business District and granting a Special Permit for outside storage on a 12.39 acre area, subject to a site plan and six (6) conditions (currently zoned "R -1B" One - family Dwelling District, "T -1A (T -1)" Travel Trailer Park District, "T-1B" Manufactured Home Park District, and "B -4" General Business District). located 2,120 feet from the northwest intersection of Ennis Joslin Road and South Padre Island Drive. 10390341 (Exhibit) 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 six (6) 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 Page 2of4 outside storage, with the hours of operation limited to that period of time between a.m to 6 p.m. 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 14 shed type iauildings on the property not including the main facility. 3. SCREENING: Provide landscaping and screening along McArdle Road. Screening along McArdle Road shall be of brick and wood construction with a height not less than six (6) feet and must be used to screen the outside storage from view from surrounding public rights -of -way and properties. Screening along the western and eastern property lines shall be of wood construction with a height not less than six (6) feet 4. LANDSCAPING: In addition to compliance with Article 27B, Landscape Regulations. the subject property shall provide landscaping along the western and eastern property lines, abutting Tract 11, Block A. Joslin Tract and Tract 6D, Block A, Joslin Tract. The landscaping along Tract 11, Block A, Joslin Tract shall ;onsist of 6 foot high. 3 inch diameter trees, and placed 30 feet on center. The landscaping along Tract 6D. Block A, Joslin Tract shall consist of 5- gallon oleanders every five (5) feet on center 5. ACCESS: All vehicular access from the subject property to McArdle Road is prohibited 6. 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. r:ALEG- DIR \garyws \garyws \agenda 2006\06 -27 \0506 -08 MG Building SP gws 060627.doc 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 27t" day of June 2006. ATTEST: Armando Chapa City Secretary APPROVED: June 27, 2006 oO Ga icy W. mith Assistant City Attorney For City Attorney CITYpfr CORPU HRISTI Henry Garre Mayor. City +f Corpus Christi -I:1 LEG -DIP `Snared \GaryS\agenda12o06\06 - 27'0506 -08 MG Building SP gws 060627 doc Page 4 of 4 Corpus Christi, Texas lay of 't- . 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, Respectfully Hen Garrett Mayor. City o Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott jtAli H \ LEG- DIBIShared \GaryS` \agenda'Q2006 \06 -27 0506 -08 MG Building SP gws 060627.doc • • MURRAY BASS, JR., P.E „R.P.LS. NIXON M W ELsx, P 1r, RPl 6_ 3054 3. ALAMEDA. ZIP 78404 PH. 361 882.3521 c... 361 °nn 1265 e -mail: murravir(2taol.cum. e -mail: nixmw( aul.corr, BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX '78466-6397 ZONING DESCRIPTION STATE OF TEXAS COUNTY OF NUECES May 11, 2006 06035 -M&B 1 Deactiptioi of a 0.941 acre tract of land, more or less, a portion of Lot 3, Sooboe Z8, Flour Bluff and Encinal Farm and Garden Tracts, a map which is recorded in Volume "A ", Pages 41-43, Map Records, Nueoes Canty, Texas, said 0.941 acne 'tract of land as further described by meets and bawds as follows, BEGINNING at a point for the easternmost corner of the tract hcaein described in the southwest right -of -way line of MoArdle Road, said southwest tight - of-way line being 20.00' southwest of and parallel to the center line of McArdle Road and bears N29°00'00 "E 17.50' from the northernmost corner of Lot 1, Block 2, Joslin Tracts, a map which is recorded in Volume 65, Page 73, said map records; Thence S29 °00'00 "W 248.44' , iu part along the northwest boundary line of said Lot 1, Block 2, Joslin Tracts, to a pointfor the southernmost comer of the tract herein described and easterly corner o(Lot 8, Block "A", Joslin Tract, a map which is recorded in Volume 39, Page 65 said map records; Thence N61°00 '00'W 165.00' along a fly boundary line of said Lot 8, Block "A ", Joslin Tract, to a ponnt for the wen emmost oomer of the tract herein described; Thence N29 °00'00"E 248.44' along a northeasterly boundary line of said Lot 8, Block "A ', Joslin Tract to a point in said southwest right - of-way line of McArdle Road, for the northernmost cornea of the tract herein described; Thence along said southwest right -of -way line of McArdle Road, S61 °00'00'E 165.00' to the POINT OF BEGINNING. NMW :mead L Nixon M. Welsh, i?.P.L S Sheet 1 of 1 -377- CdkSe 0SD (7 -d' P. 5 • _ i ....1■1•41/••••■■••• Pr- 7 • t I . . = t r I 1 A e'rc,arg-T,/ • 7,0:4317-74-- —6 L E 'zeds ZRO10) s pu pasolD pug paraA.co ®OO®®®®Q®®O 100 OVOH 31020/314 -0- 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 ateiryf 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 MY C CMMI,g;4tON f:XPIREs Match 10, 2QQe C- +LLER - TIMES•June 12 2006• Monday• 11 F 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: 1. 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-1B" One - family Dwelling District to a "I- 2" Light Industrial District - Located at the southwest intersection of Bratton Road and Brezina Road and west of Weber Road (WOW). 4. 0506 -07, DHS 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 Materials: "R-1B" One - family Dwelling District, "B -4" General Business District, "T- 1A" Travel Trailer Park District (T -1A), and a "T-1B" Manufactured Home Park District to an "I -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. 1s/ Armando Chap City Secretary City of Corpus Chris' State cal Texas Count% cif 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 of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Chrism in said City and State, generally circulated in Aransas, Bee, Brooke, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Reugio, San Patrick), Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES: which the annexed is true copy, was :nser-ted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 3RD day(s) of JULY, 2006. $292.63 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn 10 me on the date of. LU. 7 /tot, Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. ,;01 P: MICHELLE JOYCE CABRERA i * MY COMMISSV ^N EXPI S to;., i' Mamh19,2008 EP IiMES•JujJ. 2iu i-3. Monday. 11 F LEGAL NOTICES F NOTICE OF PASSAGE OF ORDINANCES: NO. 026837, amending the Zoning Ordinance upon application by HEB Gr :cery\ Company, L P by changing the zoning map in reference to Alameda Estates Block 2, Lots C. 7E7 7E, 7F and a p a-tion of Lot 3. (currently zoned "R-1B/SP'' One- family Dwelling DistncT 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, by changing the zoning map in reference to Brezina Farm Tracts. being a 3.271 acre Tract out of Lot 1, Block 1 from "R -1B" One - family Dwelling District to "1 -2" Light Industrial District; NO. 026839, amending the Zoning Ordinance, ipon application by )HS Enterprises. by changing the Zoning map in reference to River Square Unit Lot 2, Block 3, (currently zoned 'B -4" General Business District) by granting Special Permit, subject to a site plan and ten ons; and O. 026840 amending e -Zorng rdinance . upon application by MG Building Materials Ltd. by changinc the zoning map ir' reference to Joslm Tract, Block A, Lots 7 and 8, and 0.941 acres out of Lot 3, Section 28, Flour Bluff ana Encinal Farm aria Garden Tracts, from 'R- 18" One - family,, Dwelling District, "T -1A (T -1)" Travel Trailer' Park District. "T 13' Manufactured Home Park District, and "8 -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 the Comprehensive Plan to account for any deviations from 'he ex 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. 5/ Armando Chata City Secretar; -City of Corpus Chrstj