HomeMy WebLinkAbout029796 ORD - 04/23/2013Ordinance amending Ordinance No. 029355, upon application by
Sigifredo Montemayor, acting as custodian agent on behalf of
Edward Montemayor and Mearary Iveth Montemayor ( "Owners "), by
adding a 12 -month time extension to the special permit time limit
initially approved; amending the Comprehensive Plan to account for
any deviations; and providing for a repealer clause and publication.
WHEREAS, Sigifredo Montemayor, acting as custodian agent on behalf of
Edward Montemayor and Mearary Iveth Montemayor ( "Owners "), requested, prior to the
initial special permit expiration date provided by Ordinance No. 029355, a 12 -month
extension of the 12 -month special permit time limit initially approved, therein requesting
a total time limit of 24 months;
WHEREAS, the Planning Commission has forwarded to the City Council its
reports and recommendations regarding the application of Sigifredo Montemayor for an
amendment to the time limited stated in the special permit time granted in Ordinance
No. 029355;
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, March 13, 2013, during a meeting of the Planning Commission, and on
Tuesday, April 9, 2013, during a meeting of the City Council, 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Upon application made by Sigifredo Montemayor, acting as custodian
agent on behalf of Edward Montemayor and Mearary Iveth Montemayor ( "Owners ") to
extend the time limit stated in the special permit previously approved in Ordinance No.
029355 and made effective January 23, 2012, Ordinance No. 029355 is amended by
adding a 12 -month time extension to the 12 -month special permit time limit initially
approved, thus extending the time limit in the approved special permit to a total of 24
months. A copy of the special permit previously approved by Ordinance No. 029355 is
attached to this ordinance as Exhibit "A," the provisions of which are incorporated by
reference in this ordinance as if fully set out herein in its entirety.
SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes
made to the UDC by Section 1 of this ordinance.
SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1, 2011, and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect.
029796
INDEXED
SECTION 4. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the
UDC, as it is amended by this ordinance.
SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning
of Lot 22, Block 1, Flour Heights, and that are in conflict with this ordinance are
expressly repealed.
The foregoirA ordinance wa read for the first time and4oassed to its second reading on
this the may of , 20 rF, by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
The foreg 'n dinance w s read for the second time and passed finally on
this the ay of , 20 2), by the following v• e:
Nelda Martinez �,; • ! Chad Magill
Kelley Allen 0 it Colleen McIntyre
Rudy Garza i.°,! . Lillian Riojas
Priscilla Leal i._,ir.1 Mark Scott
David Loeb AU !
I
PASSED AND APPROVED this the di) day of
ATTEST:
Armando Chapa
City Secretary_
EFF CT1V DAE
g-6( 13
Nelda Martinez
Mayor
029796
,20_13
Page 2 of 2
Ordinance 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
dVHEREAS., 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 -11SP" 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.
EXHIBIT A 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 c"7'h' day of , 2012.
K:1 LegaI1SHAREDILEGAL- DEV.SVCS120l2 Agenda101 -17- 201210711 -02, Sigifredo Montemayort11.29,11 0711 -02 Sigifredo
Montemayor (RS-5 to CG -2)- PC Recommend.DWBFinal - Revised 1- 6- 2012.doc
EXHIBIT A
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
aloople
Page 3 of 4
Jo 'Adame
Mayor, City of Carpus Christi
APPROVED AS TO FORM: This / IL day of I , 2012
eborah Walther Brown
Assistant City Attorney
For City Attorney
K: 1LegallSHAREDILEGAL- DEV.SVCS12012 Agenda \01 -17- 2012\0711 -02, Slglfreda Montemayor111.29.11 0711 -02 Sigifredo
Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinai - Revised 1 dr2012.doe
EXHIBITA
Corpus Christi, Texas
L day of
TO THE ME
, 2012
ERS OF THE CITY COUNCIL
Page 4 of 4
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. Uwe, 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. fle
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Joe Adame
��
Chris N. Adler � I�
Larry Elizondo, Sr. LLtt
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
airMark Scott
District 1 Representative is vacant
EFFEG11 DAT
i /23 L'7-
K:\LegaFSI-IAREDLEQAL-DEV.SVCS\Cjj2 Agendel01 -17- 2612\0711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo
Montemayor (RS -6 to CG -2).- PC Recommend.DWBFinal - Revised 1- 6- 2012.doc
EXHIBIT A G29355
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To: qeN1'/$P''
with. a Special PbrmiC
EXHIBIT A
State of Texas
Coun3f Nueces
F NA C DEPAratiEtil
13 APP M4 8:1
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 171802
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 REPRESENATIVE•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 pub-
lication of NOTICE OF PUBLIC HEARING TO CONSIDER which the annexed is a true copy, was
inserted in the Corpus Christi Caller -Times on:
CC- Corpus Christi Caller -Times 03/25/13 Mon
CC- Internet - caller.com 03/25/13 Mon
1
On this day of
copy made by publisher.
LEGAL SALES REP SENTA IVE
, 20 13 I certify that the attached document is a true and exact
Not y Public, State of Texas0
4E !March 25, 2013 CALLER -TIMES
Legals
NOTICE OF PUBLIC HEARING
TO CONSIDER RE ZONING
APPLICATION(S) IN THE CITY
OF. CORPUS CHRISTI
Notice is hereby given that the
Corpus Christi City Council
will conduct a public hear-
ing on April 9, 2013 during
a regular Council meeting
which commences at 11:30
am in the Council Chambers,
City Hall, 1201 Leopard, to
consider the following zon-
ing application(s) which
are on file in Department of
Devefopnent.Services. At
said time ' &:place of hearing,
persons & parties interested
may appear before the City
Council:
1.0712 -01, Garron Dean: From
the "RS -6 " Single- Family 6
District to the "RS- 6 /PUD"
Single- Family: 6 .District
with a Planned Unit Devel-
opment Overlay. The prop-
erty is described as Alam-
eda Estates, Block 3, Lot 8,
located on the north side
of Walton Place and east of
Robert Drive.
2.0313.02, NEB Grocery Com-
pany, LP: From the "RS -6"
Single Family 6 District to
the "CG-2" General Com-
mercial . District on 15.73
acres (Tract 1) and the "CN-
1" Neighborhood Commer-
cial. District on 5.48 acres
(Tract 2). The property' is
described as being 21.2.1:
acre tract of land out of
tots 17 and 18, Section 11,
Flour Bluff and Encinal Farm
and Garden Tracts, located
on the southeast corner of
Timbergate Drive and South
Staples Street (FM 2444).
3. 0711.02, Sigifredo Mon -
temayor: . A request for a
Special Permit time exten-
sion for an additional 12.
months. The property is
described as Flour Heights,
Block 1, Lot 22, located along
the east side. of Flour Bluff
Drive approximately 350 feet
north of Purdue Road..
Information may be obtained
by calling or visiting the
Dept. of Development Ser-
vices, Planning Section at
(361) 826 -3240, 2406 Leop-
ard St.
/s/ Armando Chapa
City Secretary
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 187874
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 REPRESENATIVE 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 pub-
lication of NOTICE OF PASSAGE OF ORDINANCE(S) NO which the annexed is a true copy, was
inserted in the Corpus Christi Caller -Times on:
CC-Corpus Christi Caller -Times
CC- Internet - caller.com
On this 1 u day of
copy made by publisher.
04/29/13 Mon
04/29/13 Mon
LEGAL SALES REPRESENTATIVE
, 20 13 I certify that the attached document is a true and exact
MICHELLE JOYCE CABRERA
My Commission Expires
March 19, 2016
-J
4E 1 April 29, 2013 CALLER -TIMES
Legals
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 029795, Ordinance
amending the Unified Devel-
opment Code ("UDC") upon
application by HEB Grocery
Company, LP ( "Owner "),
by changing the UDC Zon-
ing Map in reference to a
21.21 acre tract of land out
of Lots 17 and 18, Section
11, Flour. Bluff and Encinal
Farm and Garden Tracts,
from the "RS 6" Single Fam-
ily 6 District to the "CG 2"
General Commercial District
on Tract 1 and the "CN 1"
Neighborhood ` Commer-
cial District on Tract 2; NO.
029796, Ordinance amend-
ing Ordinance No. 029355,
upon application by Sigifre-
do Montemayor, acting as
custodian agent on behalf
of Edward Montemayor, and
Mearary iveth Montemayor
("Owners"), by adding ;a'12
month time extension to
the special permit time limit
initially approved; amend-
ing the Comprehensive Plan
to account for any devia-
tions; and providing for a
repealer clause and publi-
cation. These ordinances
were passed and approved
on April 23, 2013.
/s/ Armando. Chapa
City Secretary
v