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HomeMy WebLinkAbout029063 ORD - 05/17/2011Page 1 ,of 4 , ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JOSE G. FERNANDEZ ON BEHALF OF DELIA FERNANDEZ (OWNER), BY CHANGING THE ZONING MAP IN REFERENCE TO HIGHWAY VILLAGE 2, BLOCK 10, LOT 1, LOCATED AT THE SOUTHEAST CORNER OF LEOPARD STREET AND ROBBY DRIVE, FROM THE "B- 4" GENERAL BUSINESS DISTRICT TO THE "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT AND EIGHT (8) CONDITIONS, NOT RESULTING IN A CHANGE OF FUTURE LAND USE; 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 Jose G. Fernandez on behalf of Delia Fernandez (Owner), 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, April 13, 2011, during a meeting of the Planning Commission, and on Tuesday, May 17, 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, 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 Highway Village 2, Block 10, Lot 1, located at the southeast corner of Leopard Street and Robby Drive, from the "B-4" General Business District to the "B-4/SP" General Business District with a Special Permit and eight (8) conditions, not resulting in a change of future land use (Zoning Map 061,048) (Exhibit A -"Planning Commission's and Staff's Recommendation") SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: 1.) Uses: All uses allowed in the "B-4" General Business District, plus the addition of a distribution warehouse. H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda15-17-11 \Delia Fernandez105.05.11.0411-03 Ordinance (PC&STAFF REC, B- 4 to B-4SP)DWBFinal.doc 0290,63 INDEXED Page 2 of 4 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 along southern and eastern property lines. 4.) Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5.) Dumpsters: No dumpsters or grease traps shall be stored within twenty (20) feet of the southern property line. 6.) Hours of Operation: Hours of operation shall be 6:00 A.M. to 10:00 P.M. All deliveries must occur within this time frame as well. 7.) Storage: Open storage of vehicles on -premises is prohibited. 8.) Time Limit: Such Special Permit shall be deemed to have expired within twelve (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. 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 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda15-17-11\Deiia Fernandez105.05.11.0411-03 Ordinance (PC&STAFF REC, B- 4 to B-4SP)DWBFinal.doc Page 3 of 4 and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so at this or i ance is passed upon first reading as an emergency measure on this /7 day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe + • ame Mayor, City of Corpus Christi City Secretary APPROVED AS TO FORM: This 5th day of May, 2011 eborah Walther Bro Assistant City Attorney For City Attorney H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda15-17-111Delia Fernandez105.05.11.0411-03 Ordinance (PC&STAFF REC, B- 4 to B-4SP)DWBFinal.doc Page 4 of 4 Corpus Christi, Texas jiiay of , 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, Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Ahge.pa-- Priscilla G. Leal C John E. Marez Nelda Martinez Mark Scott Linda Strong EFFECTIVE DATE. aali H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda15-17-111Delia Fernandez105.05.11.0411-03 Ordinance (PC&STAFF REC, B- 4 to B-4SP)DWBFinal.doc 029063 13 1 2 0)1 12 13-A 20 19 18 dc 12-A 13-8 8-11,8 Vi h!' WAY vzt-L-A-q-E--- kg 9 16 fr 14 15 14 15 16 17 z 18 Sl1BJE�T ROPE TY 1 R-2 V Obt WAX g it4E>k 10 9 A-2 36 teifitihtY 35 34 4 &CAGB" 37 8 itataAt OR 7 4 13 14 490 6 33 32 38 7 31 8 `Feet CASE: 0411-03 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: B-4 TO: B-4/SP ORDINANCE NO. 9 Q 2 o CD 3 2-A 4 LAGE P. 5 2 03/29/20 1. Prepared By: SRR Department of Development Services W 101 SUBJECT PROPERTY LOCATION MAP MCKJN276R aArV City of Carpus Christi State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI .Ad # 5968622 PO# Before - me, the undersigned, a Notary -Public, this day personally came -GEORGIA LAWSON, who being first duly sworn, accor=ding to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Carpus Christi Caller -Times, a daily newspaper published at =Corpus Christi in said City andState, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, lileberg, Live Oak,Nueces, Refugio, and San Patrick), Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0290 which the annexed is a true copy, was inserted in the Carpus .Christi Caller -Times on the 5/2a/20M-5/2312011. 303.36 1Tim (s) On this dbiy of is a true and an exac LEGAL SALES REPR .SENTIVE , 201 I,c ublish opy m ttached -document OWENN J. MEDINA MY COMMESS3ON EXPIRES August 2, 2012 blic, State of Texas 1,0 11 ZE VIP 11 ttii14il1vd'3a 331V-141:1 CALLER TIMES a May 23, 2011 «:3E Legal Notices 1110 NQTiCE OF PASSAGE OF OHOINANCES` NO. 029062, Amend- ing the. Zoning .Ord, upon application by Rudy Sosa,. by changing ,the Zoning Mapin. reference to Lawnview Annex, Block 4, Lot 15, -locat- ed at the northeast corner of• Marguerite St & 10th St., south ofiAgnes St., from the'A 2 A �artreent, house District to the Professional Of five District, resulting. in a change: of future land use tram a high= density residentlel. , use ;to. a professional. office use; NO. 0290$3, amending. the';: Zoning Ord.;. upon application by. Jose G. -Fernandez on behalf, of Delia Fernandez : (owner)';: by:changing:the Zon ing Map' in reference to` Highway. Village2, Block 10, Lot 1, lacat- ed' at the. southeast corner of. Leopard St: & .Robby Dr., from the "B-4" `General Business' District 16 the' "B 4/SP": General Business District with a:; Special Perrnit'& eight (8)- conditions,. *jet `resulting in a; change of future nand. use; & NO. 029064, Amending the Zoning Ord., upon applica-.. tiara by MBS Derby City. Development," LLC, & Urban Engi- nearing Representa-. tt$, on.bel alt of Mir- abal Development Group, LC (Owner, of. Bass Subdivisio""n Block 2i8 Lots A :& B), Morteza' Shofinu7. r (Owner•:01 Base; Subdivision Block:: Hezef Kay Frederick: Monahan,. f her •ca- pacify as trustee of.. the Frederick=Robert scn;:lrrevccable TroSt- (owner of Bass Sub' diylston, -Block 29;: Changing lhe Zoning Map in reference to Bass Subdivision, Block 28, Lots Ar C' &. D & Block 29, Lots C, D &,E, Ioccat= ed..along the north side of Sandra Ln;, east of Airline Rd., ;from the. "R-1 B One- fartillyDwelling Dis .trict;.ta; the: A-1". A`artment _Rouse� District, resulting in a changge of future land use from a low -den- sit'.. residential use to a:'medium density residential use These ord. were ppassed & approved by the Corpus Christi City Council on May 17, 2011. is/ Armando. Chapa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5966916 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 512/2011, 5/2/2011. $ 419.76 1Time(s) tJ �� LEGAL SALES REPRESENTIVE On this day of al , 2a k i I certify that the attached document is a true and an exact copy e by publisher. ti MICHELLE JOYCE CABRERA MY COMMISSION EXPIRES March 19, 2012 Notary Public, State of Texas 4� v May 2011; Is CALLER TIMES Legal Notices 1110 NOTICE OF<PUBLIC� HEARING ti CON- SIDER ZONING APPLtcATiON(S) OF`.HeCITY F, CORPUS C 1RISTI Notice Is hereby giv;` erf.=ithat the`SOorpos Cr,rlstt &it)r Dopn4I Will cpnduptr : ub1(c f1earing on iMay 17, 201.1 during a regular. 01:1:..:m;eetin.g' Which :0660)0100:at. 12:'d0 pnt."in the Council Chambers, City: Hall, .1201 Leop-. arch :to consider.,:the: foliowm zoning ap-' plications which are on" file In theOffice of the City Secretary & the Dept of:Planning. At:'said time''& place of hearing, persons & parties. interested. may appear before the City.Council 1..0411 02, Rudy So.- sa::From the A-2: Appartment::.House. District tg .tf a.,AB"; Professional Office; District Located at the northeast corner ef-Marguerite St. and 18th St., south of Agnes St. . 2. 0411-03, Jose G Fernandez:: From the B-4" .General BUMi-; ness District to the "1-2"Light Industrial; Districts Located at the southeast corner of.:.Leapard. St. and Robby Dr, 3. 0411-04, MBL Der- by City Development; LLC: From the R 1 B One -family Dwelling District to -the "A-1'. Apartment House District Located along the, north side of Sandra Ch.; east of Airline Rd. Information` may be Obtained by calling or visiting the Dept. of Development ::Servic- es, 'Planning. Section at (361) 826.-3560, 2406. Leopard'St. is/Armando Chapa. City Secretary