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HomeMy WebLinkAbout028068 ORD - 02/17/2009Page.1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ANCHOR HARBOR MOBILE HOME COMMUNITY, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.167 ACRES OUT OF ANCHOR HARBOR TRACT NO. 1, FROM "B-4" GENERAL BUSINESS DISTRICT TO "T -1A" TRAVEL TRAILER PARK DISTRICT WITH A "PUD -2" PLANNED UNIT DEVELOPMENT -2 OVERLAY ON TRACT 1, RESULTING IN A CHANGE OF LAND USE FROM COMMERCIAL TO TRAVEL TRAILER PARK, AND FROM "B-4" GENERAL BUSINESS DISTRICT TO "T -1B" MANUFACTURED HOME PARK DISTRICT WITH A "PUD -2" PLANNED UNIT DEVELOPMENT -2 OVERLAY ON TRACT 2 RESULTING IN A CHANGE OF LAND USE FROM COMMERCIAL TO MANUFACTURED HOME PARK; SUBJECT TO A SITE PLAN AND FIVE (5) 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 Anchor Harbor Mobile Home Community, LLC, 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, on Tuesday, September 9, 2008, and on Tuesday, February 17, 2009, during meetings 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 3.167 acres out of Anchor Harbor Tract No. 1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue, from "B-4" General Business District to a "T -1A" Travel Trailer Park District, with a "PUD -2" Planned Unit Development -2 Overlay, on Tract 1, resulting in a change of land use from commercial to travel trailer park, and from "B-4" General Business District to "T -1B" Manufactured Home Park District, with a "PUD -2" Planned Unit Development -2 Overlay, on Tract 2, resulting in a change of land use from 028068 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \2-17\ORD-zoning0708-05 AnchorHarborMobileHome PUD-2-Applicant- ataftdoc • Page 2of4 commercial to manufactured home park, subject to the attached site plan and five (5) following conditions: (Zoning Map 038033, 038034) (Exhibit A) 1. Uses: The only uses permitted are those uses included in the "T -1A" Travel Trailer Park District on Tract 1, and uses included in the "T -1B" Manufactured Home Park District and the two existing single-family residential uses and one office use on Tract 2 of the subject property. 2. Landscaping Plan: The owner shall install and maintain landscaping in accordance with the attached landscaping plan (Exhibit 1) both in the area along the frontage road as well as the area behind the fence within the mobile home community. The specifications and conditions of installation of the landscaping are detailed on the landscaping plan. The rendering attached as Exhibit 2 illustrates the landscaping consultant's projection of the appearance of the landscaping from the adjacent freeway within 10 years. 3. Screening: The screening fence six feet in height along the frontage road on the south side of the property shall be maintained and painted in a manner consistent with the masonry and wood entrance structure. A standard screening fence six feet in height shall be maintained adjacent to the medium density residential use located to the west. 4. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. A maximum of one foot candle light is permitted to project beyond the property line near all adjacent residential development. 5. Time Limit: This Planned Unit Development -2 Overlay 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. In the event that in the future use of the property for the purposes outlined in Condition #1 is relinquished by the owner, this Planned Unit Development -2 Overlay expires. SECTION 2. 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 3. 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 4. 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. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \2-17\ORD-zoning0708-05 AnchorHarborMobileHome PUD-2-Applicant- staff.doc Page.3 of 4 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 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 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 s that this ordinance is passed upon first reading as an emergency measure on this day of February, 2009. ATTEST: Armando Chapa City Secretary APPROVED: February 9, 2009 d eborah Walther n Assistant City Attorney For City Attorney CITY OF ORPUS CHRISTI enry Garr tt Mayor, Cit of Corpus Christi EFFECTIVE DATE J a a3,9Oo9 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\2-17\ORD-zoning0708-05 AnchorHarborMobileHome PUD-2-Applicant- staff.doc Page4of4 Corpus Christi, Texas ay of Rita (j 2009 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, Henry arrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett v Melody Cooper ikr(, Larry Elizondo, Sr. r Mike Hummel) qIu 0 Bill Kelly Priscilla G. Leal I '1111 John E. Marez kka& Nelda Martinez Michael McCutchon 028068 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\2-17\ORD-zoning0708-05 AnchorHarborMobileHome PUD-2-Applicant- staff.doc R - 1 B "LOUR BI„ PPP & FRC TR -1 HUBLER TR A-2 ANCHOR NARBO 3 4Rr 04 27 2 3 B-4 Sp 40 RF RAY OQ R 0'O BAY BUBIN 0 Titttw PEAY PLACE UY&�1 OpertnWnrof pa¢B By: MBO Services CASE # 0708-05 Applicant Request and Staff Recommendation From: "B-4" To: PUD 11 and Five Conditions with a base zoning district of: "T -1A" on Tract 1 "T-1 B" on Tract 2 Ordinance No.: LOCATION MAP �i _Y a O t -r n Agenda•Memorandum Case No. 0708-05 (Anchor Harbor Mobile Home Community) Page 9 S I la Aim 0 1 11 i; i r 4 3 mg 1l 01111 ��* S PNCNOf#P. RM C.IgR aanOR WY LANDSCAPE PLAN it�NMtNb:riM State of Texas County of Nueces 1 } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5893730 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 REPRESENTITIVE 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 OF' ORDINANCES NO. 0280 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 2/23/2009,2/23/2009. $ 379.02 PRESENTIVE 1Time(s) On this do `day of 2 1 1 I certify that the attached document is a true and an exact copy mad publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 tary Public, State of Texas • Monday • February 23, 2009 , Legal Notices 1110 NOTICE OF • PASSAGE OF ;ORDINANCES NO. 028068, Amend- / ing the Zoning Ordinance, upon appli- cation by Anchor Harbor Mobile Home Community, LLC, by changing the Zoning Map in reference to 3.167 acres out of An- chor Harbor Tract No. 1, from "B-4" General Business District to "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Over- lay on Tract 1, resulting in a change of land use from com- mercial to traveltrailer park, and from "B-4" General Business Dis- trict to "T-1 B" Manufactured Home Park Districtwith a "PUD -2" Planned Unit Development -2 Over- lay on Tract 2 resulting in a change of land use from commercial to manufactured home park; subject to a Site Plan and five (5) con- ditions; NO. 028069, Amending the Zoning Ordinance, upon appli- cation by Arnold Brothers Properties, L.P., by changing the . Zoning Map in refer- ence to 12,350 square feet out of Lot 6, Holly Industrial Subdivision, from "1-2" Light Indus- trial District to 1-2/SP" Light Industrial District with a Special Permit to allow up to seventy • (70) AP1650 above ground fuel tanks, subject to a Site Plan and four (4) condi- tions;. NO. 028070, Amending the Zoning Ordinance, upon appli- c a t i o n b y Cl osner/Brownstone Ventures Corpus, LLC, by changing the, Zoning Map in refer- ence to 800 square feet out of a 4.011 acre tract out of Lots 3 and 6, Section 5, Range VIII, Guggen- heim -Cohn Farm Lots, from 1-2" Light Indus- trial District to "l-2/SP" Light Industrial District with a Special Permit to allow two UL2085 above ground fuel tanks or one combined tank with a capacity to store 2,000 gallons of 'dieselfuel and 500 gallons of gasoline, subject toa site plan and four (4), condi- tions; and NO. 028071, Amending the .Zoning Ordinance, upon application by Mark Rutgers, by changing the Zoning Map in reference to Lexington Plaza An- nex A, Block 2, Lot 9- i3, from "B-4" General Business District to "B-4/SP" General Business District with a Special Permit to al- low applicant to augment the existing Auto Repair Service to include work on com- mercial -trucks, subject to a Site Plan and fif- teen (15) conditions; amending :the Com- prehensive Plan to account for any devia- tions from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. These or- dinances were passed and approved by the City Council of the City of Corpus Christi on February 17,2009. /s/ Armando Chapa City Secretary City of Corpus Christi