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Home My WebLink About029355 ORD - 01/17/2012Ordinance amending the Unified Development Code (UDC), upon application by Sigifredo Montemayor, by changing the UDC zoning map in reference to Flour Heights, Block 1, Lot 22, from the "RS -6" Single -Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit and subject to eight (8) 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 Sigifredo Montemayor, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 20, 2011, during a meeting of the Planning Commission, and on Tuesday, January 10, 2012, 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 UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive and approximately 320 feet north of the Purdue Road intersection, from the "RS -6" Single -Family 6 District to the "CN-1/SP" Neighborhood Commercial District, subject to eight (8) conditions, resulting in a change of future land use from single-family use to a commercial use with a special permit (Zoning Map 037,031) (Exhibit A - ,"Planning Commission and Staff 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 "CN -1" Neighborhood Commercial District, plus the addition of a storage warehouse and limited outdoor storage. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 of the UDC Landscaping as if new construction in the "CN -1" Neighborhood Commercial District. 029355 INDEXED ' Page2of4 3. Screening: Construction of a solid screening fence along the north, east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the Flour Bluff Drive right-of-way exposure. 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties and the Flour Bluff Drive street right-of-way. 5. Dumpsters: No dumpster storage permitted within the existing 20 foot street yard. 6. Hours of Operation: Hours of operation shall be 6 a.m. to 9 p.m. Any and all deliveries must occur within this time frame. 7. Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment, and associated construction materials outside for a time period not to exceed (24) hours. 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 UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. 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 as provided in Section 1.10.1 and/or Article 10 of the UDC. 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 so that this ordinance is passed upon first reading as an emergency measure on this ,1i11"day of , 2012. K:1Legal\SHAREDILEGAL-DEV.SVCS12012 Agenda101-17-201210711-02, Sigifredo Montemayor111.29.11 0711-02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinal - Revised 1-6-2012.doc Page 3 of 4 ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe'%Adame Mayor, City of Corpus Christi APPROVED •AS TO FORM: This /OIL day of ^ , 2012 eborah Walther Brown Assistant City Attorney For City Attorney K:ILegaIISHAREDILEGAL-DEV.SVCS12012Agenda101-17-201210711-02, Sigifredo Montemayor111.29.11 0711-02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinai - Revised 1-6-2012.doc ' Page 4 of 4 Corpus Christi, Texas L1* day of , 2012 TO THE ME l: ERS 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 Ad fne Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez /kW' OLLE(._ Nelda Martinez Mark Scott C�L District 1 Representative is vacant EFFECTIVE DATE . � /23 fyr K:1Legal\Sl-1AREDILEGAL-DEV.SVCS12012Agenda101-17-201210711-02, Sigifredo Montemayor111.29.11 0711-02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinal - Revised 1-6-2012.doc 029355 `VAC 'REE`& Teat 011,17 01' VAC` RerriiPL.ACR t Exhibit.A Planning Comm ssion & Staff Recommendation From: "RS -6" Single lFamily 6 To: ''CR4ISPPI Neighborhood Com.mercial :With a Special Permit' G rdi nan'ce N0: State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5984978 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 1/2/2012, 1/2/2012. $ 166.59 1Time(s) On this 1 C4 ' ' 'day of is a true and an exact copy mad' LEGAL SALES REPRESENTIVE MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 2D I certify that the attached document y publisher. Notary Public,ta of exas CALLER-TIMS« Ja ary2,2012 «3E� lctlai Notices 1110 NOTICE OF PUBLIC: HEARING TO:CON- SIDER ZONING APPLICATION(s) OFTHE CITY OF. CORPUS CHRISTI Notice is hereby giv. en .that the. Corpus Christi Cyty Council will oanduct,a;public hearing on" January 17 =2.012 during is regular Council: meet-: ing which commenc_ -es at„ 12:00'pr1. in -the Council" Chambers, City %Hall 1201: Leop- ard, to consider :the following zoning ap- plication(s) whic are on tile in the Office: of the City Secretary '& the Dept of Planning. i At sal tinie & place of heanr+ persons &: parties interested may apppe"ar:'before. the CityCouncil. .071.1=02, •Sigifredo Monternayor; From `13S-6" Single -Family 6 District.. to ."I L Light Industrial District log cated; between: Pur- due . ur-due. Road :and Divi- sion .Road along. the east:side: of. Flour Bluff: Drive.; informa- tion may be obtained: by calling or visiting 1 the Dept of Develop- tent evelop ment Services, Plan- nin,g.' Dept. 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 # 5986629 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 Patricia, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02935 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 1/23/2012, 1/23/2012. $ 120.03 LEGAL SALES REPRESENTIVE 1Time(s) On this day of (�nus:,t.ir , DO --I certify that the attached document is a true and an exact copy mad y publisher. Notary Public, State of as nuary 23 2012» C.ALLER-TIMES Legal Notices MO ' NOTME OF PASSAGE OF ORDINANCE NO. 029355, Amend- ing 'i the Unified Development Code (UDC), upon applica tion by Sigifredo Montemayor, by changing the UDC zoning map in refer- ence to Flour Heights-,, Block 1 Lot 22, from the "RS -6" Single -Family 6 Dis- trict to the-CN-1/SP" Neighborhood Com- mercial District;with a Special Permit, :sub- ject:'to 8 conditions, amending; the:Com- prehensive Plan,to account for any de- viations from the existing Connprehen sive Plan; providing a repealer clause; and providing a' penalty. This ord., was passed &' approved ;,Cn Jan. 17,2012 is/ :Armando;Chapa • City Secretary