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HomeMy WebLinkAbout027877 ORD - 09/30/2008Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PATRICK H. NOLAN AND AMY L. NOLAN, D/B/A THE STORAGE PLACE, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.64 ACRES OUT OF LOT 1, BLOCK 1, WILDE SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-1B/SP" ONE -FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR A MINI -STORAGE FACILITY, SUBJECT TO A SITE PLAN AND SIX (6) 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 Patrick H. Nolan and Amy L. Nolan, d/b/a The Storage Place, 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, July 23, 2008, during a meeting of the Planning Commission, and on Tuesday, September 30, 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 2.64 acres out of Lot 1, Block 1, Wilde Subdivision, located on the west side of South Staples Street and approximately 1,000 feet south of Timbergate Drive, from "R-1 B" One -family Dwelling District to "R-1 B/SP" One -family Dwelling District with a Special Permit to allow for a mini -storage facility without outdoor storage on the subject property and subject to a site plan, attached, and six (6) conditions. (Zoning Map 044033, 044032) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. Uses: The only uses permitted by the special Permit other than those uses permitted by right in the "R -1B" One -family Dwelling District is a mini -storage use 027877 H:\LEG-DIR\Shared\Jay\Hgendat2008\9-30\ORD-zoning0708-04NolanStoragePlace-R-1 B -special pennit.doc Page 2 of 4 on the subject property and no hazardous materials are permitted within the min - storage facility. Hours of Operation: The operation of the mini -storage use shall be limited to the hours between 8:00 a.m. and 10:00 p.m. Screening: A standard screening fence with a minimum height of eight (8) feet shall be located along the north, south and west sides of this Special Permit. The finished side of fence shall face residential uses. The screening fence must exist within one (1) year of the date of this ordinance. 4. Orientation of Doors: Rollup or retractable doors shall not face any adjacent residential uses. 5. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residences, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting, No more than one foot candle of lighting is permitted to project beyond the property line adjacent to the residential development. The building height to be no greater than 14 feet. 6. Time Limit: This Special Permit expires 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. 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. H:\LEG-DIR\Shared\ay\Agenda\2008\9-30\ORD-zoning0708-04NolanStoragePlace-R-1 B -special permit.doc Page 3 of 4 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 30th day of September, 2008. ATTEST: Armando Chapa City Secretary APPROVED: September 22, 2008 Ytte A A sistant City A? rney For City Attorney CITY • F CORPUS CHRISTI nyG- re Mayor, ity of Corpus Christi H:\LEG-DIR\SharedUayAgenda\2008\9-30\ORD-zoning0708-04NolanStoragePlace-R-1 B -special permit.doc Page 4 of 4 Corpus Christi, Texas 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, LdJi d /a e� ry Gar Mayor, Cit of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper POSeaf Larry Elizondo, Sr. ��i '2""., Mike Hummel! Bill Kelly Priscilla G. Leal4 —1 John E. Marez ��� Nelda Martinez Michael McCutchon 027877 EFFECTIVE DATE Orb her A 2OO- H \LEG-DIR\SharedUay\Agenda\2008\9-30\ORD-zoning0708-04NolanStoragePlace-R-1 B -special pennit.doc 24 4 25 CROSSGATE ANNEX 9 B-1 RUNG CORNE 7 R-2 1p 100 200 Feet W1WI008 PreperedBy: SRR 0e.: ment;{DevNapmentSuvices CASE # 0708-04 EXHIBIT A PLANNING COMMISSION and STAFF RECOMMENDATION From: "R -1B" To: "R-1B/SP" ORDINANCE: LOCATION MAP EI City of Illlb Commo u 1'KuKA-)L4.- CROSSCATE SUBDIVISION VOL. 46. PGS. 247-249 M. R. N. C. 7. ZONEV R -1B 71.5' U. E. $��'` N 29. 02' 00' E /-/lino frt. CAL I . 297.02' H a: ME. 15' PRIVATE o...i,. M"7d 3±7.s. q9sdo�d p eal VON b.44 I 4 v t 0 4 to' u. 25' DRIVE AISLE 100' $ k 23' DRIVE AISLE 100' a k 23' DRIVE AISLE 100' V k 0 S 28• 54' !6 25' DRIVE AISLE 1 fyi 4 297.02 ZONED R -1B/ SP 94-15 nan v 0 • 20' 0. . lel v • • • • 1 ni r 7a EXISTING CONCRETE PAVEMENT .._.._.._._.._.._..L.._.._.._.._.._.._.._.._.._.._.._..�. _.._.._ MATCH SHEET 7 iC Asn 0-1 bir-0 ti 1..--' A 5 I41 -P1 an) Id t` s 2 -0Th N ch in vv32'- a v m �•o it b� b C44 O tn tn MATCH SHEE T 2 _.. ..T.._.._..—.._..—.._..w.._.._..1.._.._.._.._11._1._..—.._.._. /0 f y M EXISTING BUILDING 20' PRIVATE D. E. 15' U. E. H it: hl � � NO 43.. 4 ti CVO r) O n Rg v ydN 24' A. _E 20 U. E 6 Y. R. EXISTING BUILDING [..._ _XI;TING8UILDING EXISTING BUILDING EXISTING CONCRETE PAVEMENT MEM ON/071118 9N/1S/X3 ON107/118 0N/1S/X3 ON/071118 DN/1S/X3 ON/07//18 WN11SFX3 EXISTING CONCRETE PAVEMENT EXISTING BU/LD/NG 0 L IN ON1071178 9N/1S/X3 --...-a- -- EXISiING CONCRETE PAVEMENT 20' Y. R. L. NOD ONIISI X3 ti -1 -,1=120= tn .—u... 1111 a —.. 10' U. E. r 55' 00" w 7 2' STAPLES STREET ?i g�'j� (F. A1. 24441 Pgi f100 R. 0. W. 1 ®%�j(�— • C m H 110 1�' 11.• �.IT A PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces 1 Ad # 5877367 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, andthat the publication of, NOTICE OF' ? PASSAGE OF ORDINANCE NO. 02787 'which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 10/6/2008,10/6/2008. $ 143.31 1Time(s) On this ' 1't'ti1 day of is a true and an exact copy made by •ublisher. LEG USL21)) PRESENTIVE I certify that the attached document Hie, State of Texas sosoals' adobe Leo.il Notices MO ricretec* PASSAGE OF • ORDINANCE' • NO. 02787i4 Amend - Ins the Zoning Ordinance, upon appli- cation hy Patrick It Nolan and Amy L. No- lan, dp.o. The Storao Place, by changing the Zoning Map in refer- ence to 2.64 acres out of Lot '1, 'Block 1, Wilde Subdivision, fromT1-1B' One -fami- ly Dwelling 'District to "R-18/SP!, One -family Dwelling! District with a SpeclacPermit to allow for a mini -storage- fa - day, subject to a site plan and SiX (6) condi- tions,camending the Comprehensive Plan to account for any de- viations from the existing Comprehen- sive Plan; providing a repeater clause; pro- viding a penalty; providing for pi -Oka - don. This ordinance was passed and ap- proved by the City Council of the City of Corpus Christi on Sep- tember 30, 2008. /s/ Armando Chapa City Secretary City of Corpus Christi v State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CIgt1-3c } CITY OF CORPUS CHRISTI } Ad # 5874705 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 9/15/2008, 9/15/2008. $ 201.51 1Time(s)' On this Idw day of is a true and an exact Ai I certify that the attached document opy made; y publisher. No ary Public, State of Texas September 15, 2008 • NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S)OF THE CITY OF CR - PUS CHRISTI Notice is hereby given In accordance with the law that the City Coun- cil of the City of Corpus Christi will conduct a public hear- Septemb r 30, 2008 during a regular Coun- cil meeting which commences at 10:00 a.m. in the City Coun- cil Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said applica- tion(s) are on file in the Office of the City Sec- retary and the Department of Plan- ning. At said time and place of hearing, all persons and parties interested may appear before the City Coun- cil. The zoning application(s) to be considered at the hearing are as follows: 1. 0708-04, Patrick H. Nolan & Amy L. No- iIan d/b/a The Storage Place: From -a "R-18" One -family Dwelling District to a "B-4"_ Gen- eral Business District - Located on the west side of South Staples Street and approxi- mately 1,000 feet south of Timbergate Drive. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section 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 CIgt1-3c } CITY OF CORPUS CHRISTI } Ad # 5874705 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 9/15/2008, 9/15/2008. $ 201.51 1Time(s)' On this Idw day of is a true and an exact Ai I certify that the attached document opy made; y publisher. No ary Public, State of Texas September 15, 2008 • NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S)OF THE CITY OF CR - PUS CHRISTI Notice is hereby given In accordance with the law that the City Coun- cil of the City of Corpus Christi will conduct a public hear- Septemb r 30, 2008 during a regular Coun- cil meeting which commences at 10:00 a.m. in the City Coun- cil Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said applica- tion(s) are on file in the Office of the City Sec- retary and the Department of Plan- ning. At said time and place of hearing, all persons and parties interested may appear before the City Coun- cil. The zoning application(s) to be considered at the hearing are as follows: 1. 0708-04, Patrick H. Nolan & Amy L. No- iIan d/b/a The Storage Place: From -a "R-18" One -family Dwelling District to a "B-4"_ Gen- eral Business District - Located on the west side of South Staples Street and approxi- mately 1,000 feet south of Timbergate Drive. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560, 2406 Leopard Street. /s/Armando Chapa City Secretary City of Corpus Christi