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HomeMy WebLinkAbout027555 ORD - 01/15/2008Page 1 of AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY U STOR OF CC #IV, L.L.C., BY CHANGING THE ZONING MAP IN REFERENCE TO 3.117 ACRES OUT OF LOT 5, SECTION 2, BOHEMIAN COLONY LANDS, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B# /SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR AN OUTDOOR STORAGE FACILITY FOR RECREATIONAL VEHICLES AND BOATS, SUBJECT TO A SITE PLAN AND FIVE CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; 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 U Stor of CC #IV, L.L.C., 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, December 12, 2007, during a meeting of the Planning Commission, and on Tuesday, January 15, 2008, 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 ori 3.117 acres out of Lot 5, Section 2, Bohemian Colony Lands, located approximately r 1 feet north of Holly Road and approximately 275 feet east of Kostoryz Road, from "B-4" General Business District to "B-4/SP" General Business District with a Special Permit to allow for an outdoor storage facility for recreational vehicles and boats, subject to a site plan, attached, and five (5) conditions. (Zoning Map 047038) (Exhibit) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District is an outdoor storage facility for recreational vehicles and boats. 427555 H:ILE -DIF ISharedl eryS\agenda1200 11-1 IOF D-zoning1207- Ustore-special permit.doc Page 2 of 4 2. Li htin : All security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development. 3. Trash D m sten : No trash dumpsters allowed within fifty (50) feet of the property lines adjacent to the residential use. 4. Maintenance of vehicles: No maintenance of recreational vehicles and boats including power washing of vehicles or flushing of boat motors is permitted. 5. Time Limit: Such Special Permit shall be deemed to have expired within eighteen months of the date of this ordinance, unless the property is being used, or significantly developed, as outlined in Condition #1 and in compliance with all other conditions. 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. 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 15th day of January, 200 8. H:1LE -DlR1 hared\ ryS\ag nd \2 o 11-1 \OF D-zoning1207-O Ustore-special p nnit.doo ATTEST: Armando Chapa City Secretary APPROVED: ED: Jan ary 7, 2008 4. C 4o0 yid, Ga ' W. mith Assistant City Attorney For City Attorney CITY CORPUS HRISTI Artiliat., ./ H - my Garre Mayor, City Page 3 of 4 f Corpus Christi H:1LEG-DIR h red\ ary lagendal o ll -1 1OF D- oning1 O7 -O Utore-special permit doe Page 4 of 4 Corpus Christi, Texas /Sdayof 2008 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. Uwe, 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 Ail ill, Air enryGarr-tt Mayor, Cit of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon „Lint_ 027555 H:1LEG-DI \shared\ ary \agenda\ OO 11-1 10RD-z nin 1 o -o uStore-special permit.doc EFFECTIVE DATE 01-07-'08 10:52 FROM -CITY OF CC DEV SVCS 3618263590 T-764 P002/004 F-@48 f State of Texas County of Nueees LI URBAN EN3INEERINc5 3117 Ac es November 21, 2007 Job No. 41177.00.01 Fieldnotes for a 3,117 acre tract of land out of Lot 5, Section 2, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas, said 3.117 acre tract being more fully described by metes and bounds as follows: ileginning at a point on the south boundary ofL t 1, Block 1, Holly Park, a map of which is recordod in Volume 62, Pages 116-117, Map Records of Nueces County, Texas, from which point, a 5/8 inch iron rod stamped "Bass and Welsh, Engineering" found on the east boundary of Kostory2 Road, an 80.00 foot wide public roadway, for the northwestern most corner of said Lot 1, Block 1, bears North 61°26'01" West, a distance of 273.10 feet Thence, North 29°0116" East„ along the south boundary of said Lot 1,13lock 1, a distance of 10.02 feet for the northern most corner of this tract; Thence, South 61'25146" East, continuing along the south boundary of said Lot 1, Block 1, a distance of 609.47 feet for the eastern most corner of this tract; Thence, South 29'00'00" West, along the west boundary of said Lot 1, Block 1, a distance of 147,79 feet for a comer of this tract; Thence, North 61'25'12" 'West, a distance of 309.40 feet for a corner of this tract; Thence, South 28'58'20" West, a distance of 152.46 feet for a corner of this tract; Thence, North 61'25'46" Wit, a distance of 300.01 feet for the western most corner of this tract; Thence, North 28°58'20" East, a distanca of 265,18 feet fora corner of this tract Thence, North 28°59'09" East, a distance of 25.00 feet to the Point of Peginning and containing 3.117 acres of land. Bearings are based on the recorded plat of Lot 1, Block 1, Holly Park, a map of which is recorded in Volume 62, Pages 116-117, Map Records of I ueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. Urban Engineering Ju J. Sabra, .P.L.. License No. 4909 644-6Datal ury ,yin&Mt17 10 fie* CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com iot" FAX (361)864-4001 01-07-'08 L 8 1 :5 FROM -CITY OF CC DEV SVCS ,6L'Lb L M.00 00.625 3618263590 T-764 P003/004 F-048 0 49 vz 4O49.8ZN eamt r LiegInnin (mufti Aitiniv *New *mei I°PWQ 'O .&#OOE 'ON '&uDPrs H `#puDN gPacrl 1h .6KaV moi' f4- :CO ir (1 -N-d-C7 'Off bd Pad:LDP. 2f/ Pi JDJ f)/ • , 01-07-'08 10:58 FROM -CITY OF CC DEV SVCS ,6L'Lti l M 00 OO.6S r a 1 l 4:1 j I "i 1 1 1 f1 t. +„ gr49-1 4:18z4M t 1 1 I 1 t 1 Gr i MMENUM NUM: MUM BUMP zii�'i1; m. 361826359 111711 ■b��.M ■ MANN NNN 1h.iIll. 111111111 ULM C.EIZ lit my ,eL'ssa 3OZ19ZN Ziac' 44 ra 0 0 0 NUM ■ i 1 1 ilP!11 c0.4111 EIP1111 1, og: t 1 th w 0 N 7.17; argil sorloi E171111 IdI. T-764 P004/004 1-048 mo Pii 7Dx ,may 4 " 4 PPM i F o i irati Wawnooa) Mai VICOrd anti 10A 0416•41 %al gi MA' OWE `N 'era '; AO .a ' 41raa) ',r'`1rf fib PSDB, { , u..ti W/ Rig 'Pi pDOJ zea;soya 09 109 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5831990 PO # Before me, the undersigned, a Notary Public, this day personally came CRIB HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTMVE AND EMPLOYEE OF THE PUBLISHER namely, 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 Patricia Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO CON BIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/31/2007_,12/31 2007. $195.69 LEGAL SALES REPRESENTIVE 1'Ilme(s) On this day o �+ , 2A) I certify that the attached document is a true d an exact c py ma by publisher. GANN Ji MEDINA MY COMMtSSION EXPIRES 1r4:ce mug 2, 2008 Public, State of Texas • December 31, 2007 'NOTICE OF PUBLIC HEARING TO N- SIDBR ZONING AP- PLICATION(S) OF THE CITY OF • CORPUS CHRISTI a. Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi will con - 1 duct a public hearing on Tuesday, January 1,2008 during a regular Council Meet-. ing which commenc- es at 10:00 ommenc-esat10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said applica- tion(s) are on fie in the Office of the City Secretary and the Department of_Plan- nin . At said time and place of hearing, all persons and par- ties interested may appear before the City Council. The - . zoning application(s) to be considered at the hearing are as follows: - /.- 1.1207-03, Store - _ G.C. IV, LLD. From a 5B-4" General Busi- ness Dwelling District to an 1-24 Light In- dustrial District - Lo- cated approximately 170 feet north of Hol- ly Road and approxi- mately 275 feet east Kostoryz Road. - Information may be ob- tained bycalling or - visitingte Depart- ment of Development Services Planning Section at - (3 1) 626-3560, 2400 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christi PUBLISHER'S AFFIDAVIT Nt.41-3st State of Texas 1 CITY OF CORPUS CHRISTI County of Nueces } Ad # 5835411 PO # Before me, the undersigned, a Notary Public, this day personally came CRIB H RTA O, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESEI 'TITI E AND EMPLOYEE OF THE PUBLISHER namely, the Corpus Crosti 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 Patrick', Victoria and Webb Counties, and that the publication of, NOTICE PASSAGE OF ORDINANCE NO. 02 5'vhich the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 1/21 2008 1 21 200 8. $149.13 Yrime(s) On thi day of is a true and an exac opy n GWENN J. MEDINA MY COMMIION EXPIRES }=� _ AUgu.t 2, 2008 LEGAL SALES REPRESENTIVE 2 I cert.ify that the attached document publisher. N tart' ' ublic, State of Texas f • January 21, 200E I NOTICE OF PASSAGE OF ORDINANCE NO. 027555, Amend- ing mend- ing the Zoning Ordinance, upon ap- plication by U Store of CC # IV, L.L.C., by changing the zoning map In refer- ence to 3.117 acres out of Lot 5, Section Colony 2, Bohemian Lands, from "B-4" General Business District to "B -41ST'" General Business District with a spe- . cia1 Permit to allow for an outdoor stor- age facility for recreational vehicles and boats, subject to a site plan and five . (5) conditions; amending the Corn- prehensive Plan to account for any de- viations from the existing omptrehen- sive Plan; providing a repealer clause; providing a penalty; - providing for publi- catiori. this ordinance was passed and ap- proved by the City uncil'of the City of Corpus Christi on January 15, 2008. is/ Armando Chapa City Secretary City of Corpus Christi