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Home My WebLink About028128 ORD - 04/21/2009, Page,1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PROPORTIONAL PROSPERITY, L.L.C., BY CHANGING THE ZONING MAP IN REFERENCE TO LAS COLONIAS SUBDIVISION UNIT 4, BLOCK 1, LOTS 25, 26, AND 27, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT SO THAT THE EXISTING BUILDING, AND SPECIFICALLY, THE ASSOCIATED OUTDOOR STORAGE USE, CONFORMS TO THE ZONING, 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 Proportional Prosperity, 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, February 4, 2009, during a meeting of the Planning Commission, and on Tuesday, April 21, 2009, 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 Las Colonias Subdivision Unit 4, Block 1, Lots 25, 26, and 27, located at the northeast corner of Saratoga and Calle Las Colonias, approximately 'A mile east of Greenwood Drive, from "B-4" General Business District to "B-4/SP" General Business District with a Special Permit so that the existing building, and specifically, the associated outdoor storage use, conforms to the zoning, subject to a site plan, attached, and six (6) conditions. (Zoning Map 51037) (Exhibit A) (Site Plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: A. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District is the use of outdoor storage. The outdoor storage shall be located on Lots 26 and 27 (Las Colonias 028128 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \4-21\ORD-zoning0109-05ProportionalProsperity B -4 -special permit.doc , Page.2 of 4 Subdivision, Block 1) with a setback of 50 feet from the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. B. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque dark green privacy mesh. Such fence with mesh shall be located along the northern, eastern property lines, and along southern property lines of Lots 26 and 27. Mesh to be placed along the western fence line which does not impede the security sensors for ingress/egress to the property. C. Dumpster Location: Dumpsters shall be located within the designated outdoor storage area on Lots 26 or 27. D. Lighting: Security lighting shall be non -directional and shielded from the residential development to the north (i.e. Los Colonias Subdivision). E. Landscaping: Provide five oleanders on 5 foot centers along the frontage of Lots 26 and 27. This also includes a 3 foot berm area with landscaping consisting of Monkey Grass and Indian Hawthorne along the southwest corner of Lot 25. Provide hose bibs for irrigation of landscaping. Landscape plans shall be proposed and sealed as required by Section 27B -11.A (11) of the Corpus Christi zoning Ordinance. All landscaping shall not be located within utility easements and/or Right -of -Way areas. F. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition A 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. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\4-21 \ORD-zoning0109-05ProportionalProsperity B -4 -special permit.doc , Page, 3 of 4 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 21st day of April, 2009. ATTEST: Armando Chapa City Secretary APPROVED: April 13, 2009 dijsa eborah Walther Brow Assistant City Attorney For City Attorney CITY F CORPUS CHRISTI /Ana AV eriry Garr: tt Mayor, City of Corpus Christi 028128 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\4-21 \ORD-zoning0109-05ProportionalProsperity B -4 -special permit.doc Page,4 of 4 Corpus Christi, Texas ow.f day of 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, Council Members Respectfully, riry Garr Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. nr Mike Hummell 1 V O Bill Kelly Priscilla G. Leal ,' John E. Marez A19Cnt Nelda Martinez Michael McCutchon 028128 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\4-21 \ORD-zoning0109-05ProportionalProsperity B -4 -special permit.doc CASE # 0109-05 Planning Commission Recommendation From: "B-4" To: Approval of a Special Permits subject to a site plan and Six (6) Conditions Ordinance No. Exhibit A Exhibit B State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } CITY OF CORPUS CHRISTI } Ad # 5900841 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 ORDINANCE NO. 02812 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/27/2009,4/27/2009. $ 154.95 1Time(s) L& 040 LEG £ . 1 . REPRESENTIVE On this %! day of � AL , 2 I certify that the attached document is a true and an exact cdpy made by publisher. C s2 Notary Public, State of Texas April 27, 2009 • Monday • NOTICE OF PASSAGE OF ORDINANCE • NO. 028128, Ordi- nance amending the Zoning Ordinance, upon application by Proportional Pros- perity, L.L.C., by changing the Zoning Map in reference to Las Colonies Subdivi- sion Unit 4, Block 1, Lots 25, 26, and 27, from "B-4" General Business District to "8-4/SP" _ General Business District with a Special Permit so that the existing build- ing, and specifically, the associated outdoor storage use, conforms to the -Zoning, subject. to a Site Plan and six p (6) conditions; amend-; i n g t • h e Comprehensive Plan to account for any de- viations from the existing Comprehen- sive Plan; providing a repealer clause; pro- viding a penalty; providing for publica- tion. This ordinance was passed and ap- proved by the City Council of the City of Corpus Christi on April 21, 2009. /s/ Armando Chapa' City Secretary City of Corpus Christi State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } CITY OF CORPUS CHRISTI } Ad # 5898515 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' PUBLIC HEARING TO CONSIDER ZON which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/6/2009, 4/612009. $ 192.78 1Time(s) On this h'il V day of is a true and an exact coljy made b publithher. S REPRESENTIVE certify that the - ched document GWENN 4. MEDiNA nzat MY CtiMMISSIoN EXPIRES y „ Amme12, 2012 Public, State of Texas • Monday • April 6, 2009 NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the I law that the City Coun- Icil of the City of Corpus Christi will conduct a public hear- ing:on April 21, 2009 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) areon file in the Office of the City Sec- retary and the Department of Plan- ning. At timeand place of hearing, all persons and parties interested may appear before the City Coun- cil. The zoning applications) to be considered at the hearing are as follows: 1. 0109.05, Propor- tlonal Prosperity: From a °B-4" General Business District to an "1-2" Light Industrial District - Located at the northeast corner of Saratoga and Calle Las Colonies approxi- mately 14 miles east of Greenwood Drive. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning 1 Section at; Leopard(361) 826-3560, 2406 Street /s/ Armando Chapa City Secretary City of Corpus Christi LAI28