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HomeMy WebLinkAbout029392 ORD - 03/20/2012Ordinance amending the Unified Development Code (UDC), upon application by Owner, Bettie L. Barr, by changing the UDC zoning map in reference to Don Patricio Subdivision, Block S, Lots 23-30, from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a special permit and subject to 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 Bettie L. Barr, for amendment to the City of Corpus Christi UDC, and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 7, 2011, during a meeting of the Planning Commission, and on Tuesday, March 20, 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, 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 UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Don Patricio Subdivision, Block S, Lots 23-30, located on the northeast corner at the intersection of Flour Bluff Drive and Division Road, from "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a special permit and subject to five (5) conditions, without resulting in a change of future land use (Zoning Map 037,031; Exhibit "A" - 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 five (5) conditions: 1. Uses: All uses allowed in the "CG -2" General Commercial District, plus the addition of an outside storage yard specifically used for the assembly, maintenance and storage of service related vehicles, equipment and tools. 2. Storage of Equipment is limited but shall include the following: The itemporary storage of small trucks, trailers, generators, limited capacity fuel tanks, water storage tanks, tools and equipment necessary for the outside assembly of service trailers. Outside assembly involves the attachment of the 429392 INDEXED Page 2 of 4 service trailers. Outside assembly involves the attachment of the aforementioned generators, fuel storage tanks and water storage tanks to service trailers which are then used for remote field service operations. 3. Hours of Operation: Hours of operation shall be 6:00 a.m. to 9:00 p.m. Any and all deliveries must occur within this time frame. 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent residential properties and Flour Bluff Drive and Division Road street right-of-ways. 5. 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 ��-511' day of ika.4-d-` , 2012. K:ILegai\SHARED\LEGAL-DEV.SVCS12012Agenda11111-01, Bettie L Barr101-12-2012 1111-01 Bettie L Barr, Ordinance- SP,DWBFinai.doc ATTEST: CI 1i FLOR#1S CHRISTI Armando Chapa City Secretary e Mayor, City of Corpus Christi Pao -1Etr) APPROVED as to form: This9' day of 461l , 2012 eborah Walther Brow Assistant City Attorney For City Attorney Page 3 of 4 K:(Legal\Sl-IAREDILEGAL-DEV.SVCS12012 Agenda11111-01, Bettie L Barr101-12-2012 1111-01 Bettie L Barr, Ordinance- SP,DWBFinal.doc Page 4 of 4 Corpus Christi, Texas 2041- day of , 2012 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, Resp; ully, Jte ° .. - C(j Mayor, City of Corpus Christi Nu TEM Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez IDLY GL‹1,7 cPy cLer Mark Scott Q fFFECItvE DATE 3/440-Iz K:1Legal\SHAREDILEGAL-DEV.SVCS12012 Agenda11111-01, Bettie L Barr101-12-2012 1111-01 Bettie L Barr, Ordinarice- SP,DWBFinal.doc 029392 VAC VAC LDR VAC VAC VAC: VAC VAC MDR MDR MDR SUBJECT PROPERTY LDR ► '°R MDR MDR VAC 'LS LDR f LDR LDR MDR MDR MDR VAC LDR LDR CASE: 1111-01 Exhibit A Planning Commission & Staff Recommendation From: "CG -2" General Commercial To: "CG-2/SP" General Commercial with a Special Permit State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5991813 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 PASSAGE OF ORDINANCES NO. 0293 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 3/26/2012, 3/26/2012. $ 233.52 1Time(s) On this `"I' day of is a true and an exact copy GWENN 3. MEDINA MY COMMISSION EXPIRES August 2, 2012 LEGA SALES REPRESENTIVE ade by p certify that the attached document blisher. Not Pu 'lic, State of Texas -4E. 1Vlarch 26 2012 » CALLER TIMES Callerc( A Legal Notices 1110 --.....-.----- NOTICE O PASSAGE OF -ORDINANCES. NO. 029392; Amend- lrig the Unified Devel oprnent Code (UDC) upon application by. Owner,, Bettie L. Barr,. by; changing the, UDC' toning map In refer ence to Don Patridio ubdivision, Pock S, Jrots 23-30 from the "CG -2 General Com- rliercial Liistrict to the ''CG-2/SP" General ,Commercial District :Wit1114 Special Rermit- ariil .i, sect to fIVe. 5)' cf}ir1'dltjons, N 19.393, Amending;: th'e Ut7C, upon apply cation. by Owner, Yorktown• Oso Joint Venture, by changing the UDC zoning map inreference .to 7 566; acres out .of' Section', 25, Lot 29 Flour Bluff aritl Bnolnal Farm and ;,Garden Tracts; from the: "F`R Farm Rural District to:the `.Siri9le-fami- !y 4'5 District; NO. • Q29394, Amending the UDC, upon apply cation by "Owner, Vishal Hotel; LP; by ohanging the UDC zoning map in refer- erica to Byron. Willis Subdrvrsion,. Block ? A, ,Lot J, from the, I i,ght<IrHk S:0,1411 DJstrict to the "CG 2" .xeneral Commercial D strict 'an'd "f'$0 029395, Amending:; Zoning ©rdrnance:: if 4699 upon"app l Gation by Vista el: Mar Irrigation: Com=. any;; by ed.cJing a . No (2-} year ii,rrre efr� terlsigp to the Speal° l ,err jt to m previous y apsrWv ci, :alrJend; lFtg°th'e Comprdh`en, sive ,Plan tg account; for any deviations from :,the exjstrng ; Comprefienslve PIan These ord ' was.; :passed& ap6.roved y the Corpus'Christi MaCity.; rch 20, 'Cou201rt.c2.il on Is/ Armando Chapa Gity Secretary