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Home My WebLink About027754 ORD - 07/08/2008Page 1 of 5 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY FLINT HILLS RESOURCES, L.P., BY CHANGING THE ZONING MAP IN REFERENCE TO NUECES BAY HEIGHTS, BLOCK 22, LOTS 1 THROUGH 20, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "A-1" APARTMENT HOUSE DISTRICT TO "R-1B/SP" ONE -FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT (LOTS 4-17) AND "A- 1/SP" APARTMENT HOUSE DISTRICT WITH A SPECIAL PERMIT (LOTS 1-3, 18-20) TO ALLOW ONE (1) YEAR TEMPORARY OFF- STREET PARKING LOT ASSOCIATED WITH THE REFINERY LOCATED ON THE WEST SIDE OF NUECES BAY BOULEVARD AND CONTAINING NO MORE THAN 400 PARKING SPACES, SUBJECT TO A SITE PLAN AND TWELVE (12) 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 Flint Hills Resources, L.P., 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 28, 2008, during a meeting of the Planning Commission, and on Tuesday, July 8, 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 on Nueces Bay Heights, Block 22, Lots 1 through 20, located in the Hillcrest Neighborhood between Nueces Bay Boulevard to the west, Floral Street to the east, Hulbirt Street to the north and Noakes Street to the south, from "R-1 B" One -Family Dwelling District and "A-1" Apartment House District to "R-1B/SP" One -Family Dwelling District with a Special Permit (Lots 4-17) and "A-1/SP" Apartment House District with a Special Permit (Lots 1-3, 18-20) to allow one (1) year temporary off-street parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 400 parking spaces, subject to a site plan, attached, and twelve (12) conditions. (Zoning Map 047045) 027754 H:1LEG-DIR\SharedWaytiAgenda1200817-81ORD-zoning0508-01FIintHills-Hillcrest-special permit.doc Page 2 of 5 SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following twelve (12) conditions: 1. USES: The only uses authorized by this Special Permit other than those uses permitted by right in an "R-1 B" One -family Dwelling District and an "A-1" Apartment House District is a one(1) year temporary off-street parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 400 parking spaces. 2. SCREENING: Temporary screening fence constructed with chain link and slats with a height of not less than six (6) feet must be installed and maintained by the applicant: a) along a line parallel to and not less than 50 feet west of the Floral Street right-of-way line, b) along a line parallel to and not less than 20 feet east of the Nueces Bay Boulevard right-of-way line, and c) along a line parallel to and not less than five (5) feet north and south of the rights-of-way line of Noakes and Hulbirt Street, respectively, adjacent to and west of the fence required in Items (a) and (b) above. No barbed wire, razor wire or similar product is permitted on the screening fence. 3, LANDSCAPING: As a temporary use, the normal landscape requirements are waived, and in lieu thereof, the following is required: a) a minimum 50 -foot wide landscape buffer will be maintained on the east end of the subject property along the Floral Street right-of-way. All healthy trees of 12 -inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area, b) a minimum 20 -foot wide landscape buffer will be maintained on the west end of the subject property along the Nueces Bay Boulevard right-of-way. All healthy trees of 12 -inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area, c) a minimum five (5) foot wide landscape area must be maintained along the north and north sides of Noakes and Hulbirt Streets between the public sidewalk and the screening fence, respectively, and d) existing healthy trees of a minimum 12 -inch caliper located in the interior of the proposed parking lot and not in the aisles must be identified on the site plan and preserved. The ground area around the trees to be preserved must not be disturbed by excavation or filling of base or paving material within a distance of ten (10) feet from the tree trunk. 4. DRAINAGE: Filter fabric is required to be installed and maintained on the fenced perimeter of the entire site except for the entrance, the exit and the pedestrian H:ILEG-DIRISharedWaylAgenda1200817-81ORD-zoning0508-01FIintHills-Hillcrest-special permit.doc Page 3 of 5 gate. Filter fabric is also required around the perimeter of the temporary stockpile of topsoil removed from the subject site. This stockpile of topsoil is to be located on Block 23 to the north. All filter fabric is to remain in place until the fencing is removed at the conclusion of the project. The applicant will implement and maintain all storm water compliance requirements as a part of the applicant's Texas Pollution Discharge Elimination System permit. 5. LIGHTING: All security lighting must be directional and shielded. Lighting must be directed away from the residential neighborhood to the east and adjacent public rights-of-way. Portable gasoline or diesel powered light plants or similar self contained power generating motors are prohibited. Electricity is to be provided by conventional electrical lines and poles to the site to provide security lighting. 6. LITTER: The applicant is required to maintain the site in a litter -free condition throughout the duration of the Special Permit. In addition, the applicant is required to provide portable toilets and trash cans on the parking lot site, and provide adequate daily trash pickup patrols. 7 FIRE PROTECTION: The fire hydrant nearest the subject site which is located o the northwest corner of Floral Street and Hulbirt Street must be provided fire hose access through the screening fence and filter fabric acceptable to the Fire Department. 8. SIGNAGE: Except for directional and public information signage related to the temporary parking lot and the refinery shutdown, no other signage is permitted. 9. PARKING LOT CONSTRUCTION: Materials shall be six (6) inches compacted caliche base with two (2) inches of reclaimed asphalt overlay. 10. TRAFFIC AND PEDESTRIAN CONTROL: Vehicle traffic shall enter and exit from Nueces Bay Boulevard only. The applicant will provide traffic control officers to keep traffic off side streets and direct vehicular and pedestrian traffic during peak hours. No parking shall be permitted on Nueces Bay Boulevard, Noakes, Hulbirt, Minton, Koepke, Floral, or Moore Streets by contract employee's personal vehicles or staging of eighteen -wheelers. In addition, there shall be no temporary parking in the buffer areas of the lot. Pedestrian crosswalk will be provided at Koepke Street and Nueces Bay Boulevard. 11. SHIFT CHANGES: Shift changes will occur at approximately 6:00 am and 6:00 pm, seven days a week, for approximately 90 days (September 1 — November 30, 2008). 12. TIME LIMIT: The Special Permit expires one (1) year from the effective date of the ordinance or when the temporary parking use terminates and the site is returned to conditions which existed prior to the approval of the Special Permit, whichever occurs first. In either case, the applicant must remove all base and paving material and fill the site with topsoil to the approximate grades which existed prior to the approval of the Special Permit and the applicant must H:1LEG-DIRISharedlJayWgenda1200817-81ORD-zoning0508-01 FlintHills-Hillcrest-special permit.doc Page 4of5 reestablish grass on the entire site before the Special Permit expires, notwithstanding the trees preserved per Special Permit landscape requirements. 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 35-3 of the Zoning Ordinance of the City of Corpus Christi. 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 8th day of July, 2008. Armando Chapa City Secretary APPROVED: June 30, 2008 R. Jy Reini Assistant City Attorney For City Attorney CITY CORPUS CHRISTI Our Henry Gar -tt Mayor, C. y of Corpus Christi H:1LEG-DIRISharedUay\Agenda1200817-810RD-zoning0508-O1FlintHills-Hillcrest-special permit.doc Page 5 of 5 Corp s Christi, Texas day of , 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. 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, 7ryHe Garrett Mayor, City o Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett 0 Melody Cooper Larry Elizondo, Sr. Mike Hummel) At(Sat-14-- Bill Kelly Priscilla G. Leal John E. Marez A[I ! 4 Nelda Martinez_ Michael McCutchon `t 1 027754 EFFECTIVE DATE �bu'1114, aoog H:1LEG-DIR1SharedWaylAgenda1200817-81ORD-zoning050B-01FIintHills-Hillcrest-special permit.doc t 1 1 STTyam vatze Ll R8 FLET F€ F3Rt ST. ft" SZWI. s9 --34 i0ftlf �YAiFR I. • Ct1fl3 afE£ 5•-+i �; —1-- "_, f -, + . R —4-•_ . -I— t SEE as i 5 '-• :r--- awnsto —}— t -:— t — 4 NOAKCS St. mei 1 Pedestrian rr• • Crossing • • mac( \� SLT FEVFE SEE 3 ■ AWL 41 Ps ■ NIS faa TREE=S SAY BLVD •{ a r F lea 7 DITIM PPAllar a rn, aa, � ova mos= matrzit tics tedia mo .+o • • • • WOWED PARK zt• SPALLS " o0 AASS OvESKA8 1Gut 41 MI STORft VA1E3 3 C623 •—loon FLQv ARfiTJ CAL1C3( BASE vCirt r REC.Al D A,F*I41 OvaAr S1itVALK L-s,i PAP.,1K LOT T MCAT CROSS TEEM MIS 1 pW.a4 177 MAMA oNiat w WA�r�,AW WA L ti 37 H • f'. Sa LOCATIONPLAN j. -\a: 1- 1 LOCATION . . j#'.ter KIM 1 'PAaY:a, LOT C€WS1RUCr3 w1TERlf&S ARC CDI AC1EL CAME ?Rif viTH a' KaAXO ASPH•44.1- ONcRLAT TEP -Pt AttY MICE iS 6-l1' CHAIN LIFE TEa`1nt WITH PR1V;CY sLAFS SSS4Ki.T COY1201 ILViCES ALL 11E PIISCT130 AT 1 51,E TD QULKE N1 ASE: CF soma; C Tri 510RM VATER R,f<i a PLAN VW- BE ?EVELRPi6 '0 SLY 114 T R=Fu3-RFA! S SPECliifL IV THE %NC HILLS RESOURCES EAST W.XII Y'S ?PEES PEP.IQI tt L GQ45?. 4. CVET+NCAii LELI4i1 G V€114 PEarAmi!s1 9c7VE4 vSLL N10,411ED. 5 ERiSt€4$1 was !U Rt 1N =s7*. 0:1H 71164:1005 t i4JR ralft MK ad EItt►WG. KOS Da agtaayt 1,00iw*h.M�F o I.+��e wtvi�■+r� +yr+wr• 4.�«.y— w •1..�r e.0, A GR CV. 4. fit u • f. FLINT /11W MM•KR p PANTO 400.0 spa (At r1' eilr[C; 3aT 4TiG4iS ItreatAR'! PA4+% LL'T Pr• ors nn Mint r' r,,. 440 MEMO za Itt tot.* ..)300 PS1 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT aietoo } CITY OF CORPUS CHRISTI } Ad # 5861852 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE 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 Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 6/23/2008, 6/23/2008. $ 239.34 1Time(s) On this a -day oft" J. I , 2 I certify that the attached document is a true and an exact Ji py made by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2008 Not Public, State of Texas JuneJune- NOTICE OFPUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S)OF THE CITY OF COR- PUS CHRISTI Notice is hereby given in accordance withthe lawthat the City Coun- cil ( of the City'. of Corpus Christi will conduct a public hear- ng on Tuesday, July 8, 2008 during a regu- lar Council meeting which commences at 10:00 a.m. in the City Council. Chambers, City' Hall, 1201 Leop- ard, 10 consider the following zoning appli- cation(s) of which said applications) are on file in the •Officeof the .City Secretary and the Department of Plan- ning: ` At saidtime and place of hearing, all personsand parties interested may appear before the CityCoun- cil. The zoning applications) to be considered-. at the hearing are asfollows: 1. 0508.01, Flint Hills Resources,.='L.P.: From'.-"R-1B"-One- family Dwelling District and "A-1 Apartment House District to a "13-1° Neighborhood Business District - Lo- cated In the Hillcrest Neighborhood be- tween Nueces' Bay Boulevard to the west, Floral Street to the east,.Hulbirt Street to the north and Noakes Street to the south. 2. 0508.04, The City of Corpus Christi: From -. a "F-Fl" Farm- Rural District to an "I-2" Light - Industrial District +t Located south.. of :Yorktown Boulevardand west of the future extension of Rodd Field Road. -In- formation may be obtained-bycalling or visiting the.Depart- ment of Development Services, Planning S ect i o n at (361) 826-3560,.2406 Leopard Street. /s/ Armando Chapa City Secretary :City of Corpus Christi State of Texas County of Nueces PUBLISHER'S AFFIDAVIT al0438 } CITY OF CORPUS CHRISTI } Ad # 5865150 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE 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 Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 14th day of July 2008. $256.80 1 Time(s) On this £W qday o LE PRESENTIVE I certify that the attached document is a true and an exact cop 7 ade by publisher. blit, State of Texas • July 14,2008 8�� rlmrM!+' LII i NOSICEOF I -.PASSAGE OF ORDINANCES ` t NO. 027753, Amend- ing the Zoning Ordinance upon appli- cation by: Michael L. Ringers, by changing the Zoning Mop in ref- erence to Fitchue Place, Block 1t03, Lots 49 through 58, from °R-2" Multiple Dwelling District: to °A-2"_: Apartment House District; NO. 027754, Amending the Zoning Ordinance, uponapplication -by Flint Hills Resources. L.P.,-by changing the Zoning. Map in refer- ence to Nueces Bay Heights, Block 22, Lots 1 through 20, from: "R-10.^: -One- FamilyDwelling'Dis- trict .and ;.A-1 Apartment House Dis- tnct to "R-1B/SP" One - Family Dwelling ."Dis- trict with a :Special Permit (Lots 4-17) and. "A-1/SP". Apartment House District: with a Special Permit (Lots 1-3, ;18-20) to allow a one (1) year temporary off-street parking lot associated with the re- finery located on the west side of Nueces Bay Boulevard and containing no more than 400 parking; spaces, subject to a; Site Plan and twelve (12) conditions; and NO. 027755, Amend- ing the Zoning Ordinance,- upon appli- cation by the City of - Corpus Christi, by changing the Zoning Map in reference to a 3.24 acre tract of land out of. Rodd Village, i Block 9, r Lots 6 i through 10, from °F -R" Farm -Rural. District to "1-2 light Industrial • District; amending the , Comprehensive Pian i to account for any de- t viations''from '::the r existing Comprehen( sive Plan;: providing a repealer clause; pro- viding a _,penalty; providing for publica- tion. This ordinance was passed and ap-.f proved -by the „City i Council of the. City of , Corpus Christi an July. >, B 2008.'.: - (s/ Armando Chapa CitySecretary City of Corpus Christi