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HomeMy WebLinkAbout028925 ORD - 01/18/2011Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KIM COX, BY CHANGING THE ZONING MAP IN REFERENCE TO 7.905 ACRES OUT OF LOT 32, H.B. SHEPPARD FARM LOTS, LOCATED ALONG THE NORTH SIDE OF LEOPARD STREET AND ALONG THE EAST SIDE OF TULOSO ROAD, FROM THE "B-4" GENERAL BUSINESS DISTRICT TO THE "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT, WITHOUT RESULTING IN A CHANGE OF FUTURE LAND USE, SUBJECT TO 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 Kim Cox, 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, December 8, 2010, during a meeting of the Planning Commission, and on Tuesday, January 18, 2011, 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 7.905 acres out of Lot 32, H.B. Sheppard Farm Lots, located along the north side of Leopard Street and along the east side of Tuloso Road, from "B-4" General Business District to the "B-4/SP" General Business District with a Special Permit, without resulting in a change of future land use, subject to six (6) conditions. (Zoning Map 056047) (Exhibit A- Applicant's Zoning Request, Exhibit B - Planning Commission and Staff's Zoning Recommendation). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 028925 K:1LegaRISHAREDILEGAL-DEV.SVCS12011 Agenda11-18-111Cox, Kim101.06.11.1210-01 Ordinance SP.Final-DWB.doc INDEXED Page 2 of 4 1. Uses: All uses allowed in the "B-4" General Business District, plus the warehousing and outdoor storage of oil industry related materials, not to include the cleaning or repairing of oil industry related materials. 2. Landscaping: Landscaping must be provided in accordance with Article 27B Landscape Requirements as if new construction in the "B-4" General Business District. 3. Screening: Construction of a solid screening with a height of not less than six (6) feet along northern property line shared with single family residences. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5. Setbacks: All buildings and outside storage with a height of more than six (6) feet must be setback at a minimum of 50 feet from northern property line. 6. Time Limit: Such Special Permit shall expire within one year from the date of this ordinance, unless the property is being used as specified and in full compliance with all conditions of the Special Permit, as well as all other applicable ordinances, rules and regulations. 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-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda11-18-111Cox, Kim1D1.06.11.1210-01 Ordinance SP.Final-DWB.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 §o at this rdinance is passed upon first reading as an emergency measure on this ay of ( , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Ad(me City Secretary Mayor, City of Corpus Christi APPROVED as to form: This 6th day of January, 2011 (Deborah Walther Brown Assistant City Attorney For City Attorney H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda11-18-11 \Cox, Kim101.06.11.1210-01 Ordinance SP.Final-OWB.doc • Page 4 of 4 Corpus Christi, Texas J I 1i'Aayof 2011 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler AbS6/4-4" Larry Elizondo, Sr. 4(31.6 Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong*5-M14 028925 EFFECTIVE DOE qPital 0211-1,Q0i� I-1:1LEG-DIR1Shared\LEGAL-DEV.SVC512011 Agenda11-18-111Cox, Kim101.06.11.1210-01 Ordinance SP.Final-DWB.doc rmm os° ROM! ELF AB NTtD! tNO US TRs +koz 1:.2 acs,RD E , WD -.7 or £.SE$SQRS foe 140 srottifeLL ItlitIONY A ORES %28. r.� r. ....nrawwtaea CASE: 1210-01 EXHIBIT A APPLICANTS REQUEST FROM: B-4 TO: 1-2 ORDINANCE NO. A 5 14 13 2 4 5 6 8 9 10 20 191 18 17 DOGL1 s / 2 6 • 15 14 13 12 11 *ARROGA aan 32 0971,4 38 36 34 •35 pirate £ iva G3' TR A i 2 SUEOECT PROPER STILLId411,4 ARL! 1 rut as Q CM E S C1 E CASE: 1210-01 EXHIBIT B PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: B-4 TO: B-4ISP ORDINANCE N. ON 28 OR ES 14 ra dirk.,__++__ spareBBJr: S41i 11,OCATJO MAP. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5958125 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 1/3/2011, 1/3/2011. $ 237.34 1Time(s) On this4-4') day of . , 2 0 U I certify that the attached document is a true and an exa.A opy mady publisher. LEGAL SALES EPRESENTIVE GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 I _ Notary Public, State of Texas 4E » January 3, 2011: i✓ALLERTI MES Legal Notices 1110 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING ON-SIDER.ZONING APPLICATION(S) OF THE CITY QF. CORPUS CHRISTI Notice' is hereby giv- en "that;the'CQ.rpus Christi City Council will cond.u. ct a public hearing do Japuary 1"8 2011 ;:,doilici g a regula(Co.iuncil,meet- i'ng which cormences at 12;00 pm rn the Council Chambers; Clty Hall 1201':Leopard,`-to consider the following zoning applloatlon(s) which ars on file in the Office of the City Secretary ^& the Dept. of Planning::: At -said time &-place of-shear- ing,:petso'ns & partles interested may appear before the City Council: 1.1210-01, Kim'Coic: From the "B-4 Gen- eral Business District to the 4 2". Light n- du.s.tr'raI District- LoCated-along the north side of Leopard Sr, and'alongg the east side of Tuloso Rd, 2. 1210'=02,' City -Of Corpus Christi: -.From the. "R-1 B"' One-fami- ly Dwelling:;District to the-R-2:0'-Multipi.e Dwelling District - Lo- cated along; the west side of`Central. 'Dr,, approxiroatery` 700 feet south "the S. Pa- dre Island Dr, 3. 1210.03; E. Jill Grossman: From the One -family Dweilin District "and 'AB" Prgressiohal'Of- fice.);Nefrrct to the ' 8 1'" (sigl borhood Business ;Distr,ict Located between "Ay- ers St. and Pelmero St., •approximately •50¢-'4, east of'S. Ala- meda St. Information` Maybe obtained by calling: or visiting the Dept. of Development Ser- vices, Planning Se"ot,io'n at (361) 826-3560, 2406 Leoperd'St. is/ Armando Chips City Secretary State of Texas } County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5959697 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 Patrick), Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0289 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 1/24/2011, 1/2412011. $ 245.16 1Time(s) On this 2761 day of is a true and an exact copy made LEGAL SALES REPRESENTIVE 2 041 certify that the attached document publisher. Notary Public, Sta ,i447411'' . MICH LLE JOYCE CABR>~RA MY MAMMON EXl 1I March 19, 2012 1'j Texas CALLER -TIMES tc January 24, 2011 « 3E Legal Notices 1110 NOTICE OF PASSAGE OF ORDINANCES NO. 028925, Amend- ing the Zoning Ord., upon application by Kim Cox, by .chang- ing the Zoning Map in reference to 7.905 acres out of`Lot -32, H. B. Sheppard Farm Lots, located_ along the north side of Leopard St. and along.: the east side of Tuloso,Rd, from the "S-4" General Busi- ness District to the "B-4/SP" General Business District with a Special Permit re- sulting ina change of future land used from a Light Industrial use to a Commercial use, subjectto six: (6)':con- ditions; NO, 028926, Amending the Zoning Ord., upon ;applica- tion by City. of Corpus Christi, by changing the Zoning Map in reference to Flour Bluff Center, Block 5,. Lots 27, 28 & 29, lo- cated along the west side of Central Dr., approximately 700 feet south of SPID, from the "R -1B" One- family R-1B""One- faniily Dwelling .:Dis- trict to an "R-1B/SP" One -family.. Dwelling District with a Special Permit without result- ing.in a change of future: land use, sub- ject to two (2) conditions; and NO. 028927, Amending the.: Zoning Ord., upon application by E. Jill Grossman, by. changing the Zoning Map In reference to Del Mar Subdivision, Block 20, Lots 7 & 14, located between Ayers' St. and Palme- r° St., approximately 500 feet east of S. Alameda St,, from the 'AB" Professional Office District to the B-1" Neighborhood Business District without resulting In a change of future land use. These ord. were ppassed. & approved by the Corpus Christi City Council on Janu- ary 18, 2011. /s/Armando Chapa. City Secretary