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HomeMy WebLinkAbout028539 ORD - 03/30/2010Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JONELLE QUALIA, BY CHANGING THE ZONING MAP IN REFERENCE TO 4.3 ACRES OUT OF LAKEVIEW ACRES, BLOCK 3, LOT 1, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R- 1B/SP" ONE -FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO ALLOW MEDICAL AND NON-MEDICAL OFFICE USES, SUBJECT TO A SITE PLAN AND 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 Jonelle Qualia, 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, February 17, 2010, during a meeting of the Planning Commission, and on Tuesday, March 30, 2010, 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 6710 Holly Road, located north of Holly Road, west of Lakeview Drive, approximately 2,870 feet southeast of Airline Road, from "R-1 B" One -Family District to "R-1B/SP" One -Family District with a Special Permit to allow the resale of the property for professional commercial/office use, subject to a site plan, attached, and six (6) conditions. (Zoning Map 041034) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. USE: The only use authorized by this Special Permit other than the basic "R-1 B" One -family Dwelling District use are medical and non-medical offices. �I '8539 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\3-30-10\CASE NO. 0210-04 JONELLE QUALIA RE-APP\0210- 04.J.Qualia.PC & Staff Recmd-Special Permit.Doc INDEXED Page 2 of 4 2. SCREENING/LANDSCAPING: A standard solid screening fence with a height of at least six (6) feet shall be located along the north, east and west boundary lines of the subject property. Any screening fence extending out to the public right-of- way shall have a height of three (3) feet within twenty (20) feet of that public right-of-way. Landscaping of the property shall comply with the requirements of Article 27B of the Zoning Ordinance. 3. LIGHTING: All site lighting shall be directional so as to prevent glare to adjacent properties. 4. HEIGHT: Building height is limited to twenty-five (25) feet and one (1) story. 5. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than fifty (50) feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six (6) foot solid fence with gate is required. 6. TIME LIMIT: Such Special Permit shall be deemed to have expired within two (2) years of the date of the 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 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\3-30-10\CASE NO. 0210-04 JONELLE QUALIA RE-APP\0210- 04.J.Qualia.PC & Staff Recmd-Special Permit.Doc Page 3 of 4 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 sot�at this or inanc is passed upon first reading as an emergency measure on this``ay of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe ame Mayor, City of Corpus Christi City Secretary APPROVED: Mtve4,; , 2010 Dee6raaltherBrown Assistant City Attorney For City Attorney H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\3-30-10\CASE NO. 0210-04 JONELLE QUALIA RE-APP\0210- 04.J.Qualia.PC & Staff Recmd-Special Permit.Doc Page 4 of 4 Corpus Christi, Texas '�,CJ"day of 1{ai.-h , 2010 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 AcMme Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EFFECTIVE DATE A1061 5,dolo H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda \3-30-10\CASE NO. 0210-04 JONELLE QUALIA RE-APP\0210- 04.J.Qualia.PC & Staff Recmd-Special Permit.Doc 0..,8539 / r1\i12 A ,"-'-,?...1! ' -- 19 ! fir ` 13 ' ,!`-\ 27 v 9A /- 24A % rte_ x 1f �_ eq' 11Ar` 22 1 «-\ 8' 26 8A 25 A 23 ` i 8 r 2-,- f 7' 16 ; .„,25 25 i--, ,/ . _ 10.4 / .`7A;/'�26A \ / \ / -- 94 `' 2 F 1Q ,--.7„...,.,..,,,,._----„,," 4z,..,2`f 6A '� 27A 1,-„,, 25 ' ! t 7 !{ 11 c, ,� `�- 23 y ��SA i". -„28A , a // \• !`_ 26 - -- t R f_ -W ° Ct# /2 /, /' 22 `-' Rlk-R 0o�-3 7A 4 I 14 erg f 4A 29 A / Q 27 . R . / . , 21 7 Q' 6A 'A30 A 'rP E 28 0Q'� f f--,,,,, 20 31A i�0.; a. 11 i''''''/''. --..„„,....,..„31 A �r 32A ,/ / 30 4� 2 3A �--,,,, A 32 _c CASE # Vit / 0-04 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A Denial of: From: R-1 B To: AB In Lieu of R-1 B with Special Permit ORDINANCE: State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CH ' I Ad # 5936297 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02853 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/512010, 4/5/2010. $ 111.30 1Time(s) On this may of is a true and an exact co • made by publisher. /J C)CLUI'Lj LE SALES RJ]PRESENTIVE , 20 tOI certify that the attached document Pub ic, State of Texas 4E » April 5, 2010 CALLER TIMES LeviNotius ijj© NOTICE OF PASSAGE OF ORDINANCE NO. 028539, Amend- ing the Zoning Ord, upon application by Janette Qualia, by changing the Zoning Map in reference to 4.3 acres out of Lakeview Acres, Block 3, Lot 1, from 'R-1 B" One -family Dwelling District to "R-1B/SP' One -fami- ly Dwelling District with a Special Permit to allow medical & non-medical offices uses, subject to a Site Plan & six (6) conditions This ordi- nance was passed & approved by the City Council of the City of Corpus Christi an March 30, 2010. is/Armando Chaps City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5934392 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricia, Victoria and Webb 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 3/15/2010, 3/15/2010. $ 204.42 1Time(s) On this Itday of /74 , 2 e,(64 certify that the attached document is a true and an exact copy made by publisher. LC. w� , LEGAL SALES R PRESENTIVE Ntary Public, State of Texas CALLER -TIMES [[ March 15, 2010 a 5E legal Notices 1110 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPUCATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby giv- en iveen in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on March 30, 2010 during a regular Council meeting which commences at 12:00 p.m. in the City Council Chambers, City Hall, 1201 Leop- ard, to consider the following zoning ap- plications of which said application(s) are on file in the Of- fice of the 'City Secretary and the Department of Plan- ning. At said time and place of hearing, all persons and par- ties interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as follows: 1, 0210-04, Jonelle Quetta: From the "R -1B" One -family Dwelling District to the 'AB' Professional Office District - Locat- ed north of Holly Road, west of Lake- view Drive, approximately 2,870 feet southeast of Air- line Road. information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560, 2406 Leopard Street. Is/ Armando Chapa City Secretary City of Corpus Christi