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Home My WebLink About028735 ORD - 08/24/2010Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PROPORTIONAL PROSPERITY, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.12 ACRES OF LAS COLONIAS, 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 TO ALLOW THE USE OF A WAREHOUSE WITH OUTDOOR STORAGE, 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 Proportional Prosperity, 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 7, 2010, during a meeting of the Planning Commission, and on Tuesday, August 24, 2010, 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 2.12 acres of Las Colonias, Unit 4, Block 1, Lots 25, 26, and 27, located at 1302 Saratoga on the northeast corner of Saratoga Boulevard and Calle Las Colonias Drive, from "B4" General Business District to "B-4/SP" General Business District with a Special Permit to allow the use of a warehouse with outdoor storage, subject to a site plan, attached, and five (5) conditions. (Zoning Map 051037) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) 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 the use of the property for a warehouse use with outdoor storage. The outdoor storage shall be located on Lots 26, and 27 with a setback of 50 feet from H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda16-241CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLC1070101 B-4 To B-4SP.Doc 028735 INDEXED Page 2 of 4 the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque 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. 4. Lighting: All overhead lighting shall be shielded and directed away from adjacent residential properties. 5. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of 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:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda18-241CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLC1070101 B-4 To B-4SP.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 th t this o dinance is passed upon first reading as an emergency measure on this „ay of .. < .i , 2010. ATTEST: Ahe,igt: Armando Chapa City Secretary APPROVED: , 2010 eborah Walther Br Assistant City Attorn For City Attorney CITY OF CORPUS CHRISTI /1/71eVaia Joe Ad me Mayor, City of Corpus Christi H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda18-241CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLC1070101 B-4 To B-4SP.Doc Page 4 of 4 Corpus Christi, Texas day of s `, 2010 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. Respecffully, Respecffully, dAlikppt& Joe Adme Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EFFECTIVE DATE LIS- 3} 2D I H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda18-241CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLC1070101 B-4 To B-4SP.Doc 028735 35 eea : eitS PLANNING COMMISSION STAFF RECOMMENDATION ORDINANCE NO. LOCATION MAP S29`01.11(YW 300,34 (MEASUREP) s297otricrw 3a1.(17 (pLAT) 3l6.22 (MEASL 0 N29I)tf111r E 12.53‘MEASLIREI)) AVM'JO"114010 .04 SVINO1OD 5%7'1 aTIVD t f: i 4 ti v.! Is. 11 12 y-1 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5947162 PO# Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, 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 8/9/2010, 8/9/2010. $ 250.98 1Time(s) On this fakA-clay of is a true and an exact copy made by publisher. 4110wLEGAL SALES ' i PRESENTIVE k° I certify that the attached document dr OWiNN,i. MEDINA MY COMMISSION EXPlies August 2, 2012 Notary Public, State of Texas 4E .N ALigust 9, 2010 )) CA:LER-TIMES i eE1al Notices 1110 NOTICE OF PUBLIC HEARINGTO.CON- SIDER ZONING APPLICATION(S) OF THECITY OF CORPUS CHRISTI Notice Is hereby" giv- en that the Corpus Christi City Council will conduct a public hearing -on August 24, 2010 during a' regular Council meet- ing Which cotrimenc- es at12;00 prn. in the Council Chambers, City Hall, 1201 Leop- ard, to consider eop-ard,.'to'consider :the following zoning ap- plication(s) which are on, file In the Office of the City Secretary & the Dept. of Planning. At said time & place of hearing, persons & parties' interested may appear before the City Council: 1, 0610-02, "David B. Allred:; From the "B-2AIlO/SP" Barrier Island Business Dis- trict/Island Over- lay/Special Permit to the B-4' General Business District - Located on the west - side of South Padre Island -Dr. or Park Road #22, at the ad- dress 14237 SPID or Park Rd 22. 2. 0710-01, :Propor- tional Prosperity, LLC: From the B-4 General Business District to the "1.2" Light Industrial Dwell- ing :District -: Located at 1302 Saratoga on the northeast corner of Saratoga Blvd. and Calle Las °Colonies Dr. 3. 0710-02, Chris Mandell, applicant for and a representative of Horton Automatics, which isa division of Overhead Door: From the "1-2". Light industrial District to the "1-3" Heavy In- dustrial District n-dustrial':District - Lo- cated at 4242. Bald- win Blvd. Information may be obtained by calling or. visiting the Dept, of. Development Servic- es,:Planning Section at (361)`. 826.3560, 2406 Leopard St. !s! Armando Chapa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5948749 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, 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. 0287 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on- the 8/30/2010, 8/30./2010. $ 259.71 1Time(s) On this A_l-ay of LE SALES R 'RESENTIVE is a true and an exact copy GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 , 2 (41.A certify that the attaied document ade by • ublisher. Public, State of Texas CALLER -TIMES cC August 30, 2010:(( 5E, Legal Notices 1110 NOTICE OF PASSAGE OF ORDINANCES NO. 028734, Amend Ing the Zoning Ord upon application b David B, Allred, b changing the Zonin .Map in reference toi Padre island No. 1, Block 2, being the south half of Lot BA,1 Lot 9A and 10A, from: "B-2AI10ISP" Barrier: Island Business Dis- trict/Island Overlay/Special Per- mit to. Modified "B-2N10/SP Barrier Islarid ;Business. Dis- trict/Island. Overlay' with a Special :Permit to allow for the op eration. of : a', boat. repair facility; Subject to a Site Plan & six 06) conditions; NO. 28735, Amending; the .Zoning Ord.,'; upon application by Proportional' .Pros -s perity, LLC, byt changing the Zoning Map In reference to 2.12 acres of Las Co .. lollies, Unit 4, Bloc 1, Lots 25, 26 an.= 27. from "B-4" Gener = al Business District to "B-4/SP" General°, Business District with a Special Permit to' allow the use of a warehouse with out- door storage, subject to a Site. Plan & five (5).;conditions and NO.028736, Amend- ing the Zoning Ordinance upon ap,: plication ti`y Ot1riQ Man.:dell applicant fof Horton: Automatics,: division of::Overhead Door, by changing the Zoning, Map in reference to:;approxi- mately 2,612. square feet. out of ;Corppu- Christi Industrial Dis trict Section 2, Bloc 9, Lot X-3, from "1-2; Light Industrial Di§: trict to "I-2/SP'' Lig Industrial District witt', a Special Permit t allow installation operation of one (1 2400: gallon; UL2085, abov`;;( ground fuel storag.: tank, subject to a Sit Plan & four (4) condi tions.These ord. wer- passed & approve• by the Corpus Christ ,City Council on Au, gust 24, 2010.: fs/ Armanclo Chapa,: City Secretary