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Home My WebLink About028722 ORD - 08/17/2010Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JACK R. BAKER, BY CHANGING THE ZONING MAP IN REFERENCE TO NORTHWEST ESTATES, BLOCK 11, LOT 4, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "AB/SP" PROFESSIONAL OFFICE DISTRICT WITH A SPECIAL PERMIT TO ALLOW THE OPERATION OF A RESTAURANT, SUBJECT TO A SITE PLAN AND SEVEN (7) 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 Jack R. Baker 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, June 23, 2010, during a meeting of the Planning Commission, and on Tuesday, August 17, 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 Northwest Estates Block 11, Lot 4, located at 4030 River Hill Drive, from "AB" Professional Office District to "AB/SP" Neighborhood Business District with a Special Permit to allow the operation of a restaurant, subject to a site plan, attached, and seven (7) conditions. (Zoning Map 068051) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following seven (7) conditions: 1 Uses: All uses allowed in the "AB" Professional Office District plus the operation of a restaurant. 2. Directional Light: All overhead lighting shall be shielded and directed away from adjacent residential properties. 028722 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda18-17-101CASE NO. 0610-03 JACK R BAKER1D610-03.Jack.Baker.AB-AB-W- Special Permit.Doc INDEXED Page,2 of 4 3. Dumpster: The dumpster shall be located at 10 feet away from the intersection of the southern and eastern property lines and must be screened by a standard screening fence with gate. 4. Driveway: Only one driveway will be allowed from River Hill Drive and must be placed no closer than 100 ft from the southern property line. No driveway access is allowed to River Wood Drive. 5. Landscaping: Three (3) gallon shrubs shall be placed along River Hill Drive at thirty (30) inch on center within edged and mulched beds along vehicular use areas. Three (3) inch caliper live oaks shall be placed along River Hill Drive at thirty (30) feet on center along vehicular use areas. All requirements of Article 27B of the Zoning Ordinance Landscaping section must be met. All landscaping shall not be placed within a utility Easement. 6. Screening: Eastern property line shared with "R -1B" One -family Dwelling District must be screened with a standard screening fence. 7 Time Limit: Such Special Permit shall be deemed to have expired within 24 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with 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. H:1LEG-DIR\SharedlLEGAL-DEV.SVCS12010 Agenda18-17-101CASE NO. 0610-03 JACK R BAKER10610-03.Jack.Baker.AB-AB-W- Special Permit.Doc Page3of4 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 and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings soat this ordinance is passed upon first reading as an emergency measure on this J 'day of , 2010. ATTEST: Armando Chapa City Secretary Mayor, City of Corpus Christi CITY OF CORPUS CHRISTI (/LP adakoizz, Joe Ad "me APPROVED: tVi l , 2010 borah Walther Br S�ry Assistant City Attorney For City Attorney H:1LEG-DiR\SharedIEGAL-DEV.SVCS12010 Agenda18-17-101CASE NO. 0610-03 JACK R BAKER10610-03.Jack.Baker.AB-AB-W- Speciai Permit.Doc Page 4 of 4 Corpus Christi, Texas if/day of St2010 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 Acme 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 - U Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 028 22 EFFECTIVE. DATE / .23, .61/0 H:\LEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda18-17-101CASE NO. 0610-03 JACK R BAKER10610-03.Jack.Baker.AB-AB-W- Special Permit.Doc Frvaratl Sy FR fgOIAt4 032rS 4YYPma CASE: 0610-03 EXHIBIT A PLANNING COMMISSION STAFF RECOMMENDATION MENDATION ORDINANCE NO. fSW ECT PROPERTY LOCATION MAP State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5946836 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 PUBLIC HEARING TO CONSIDER ZON which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/2/2010, 8/2/2010. $ 218.97 1Time(s) SALES EPRESENTIVE On this 2/iday of , 2X69I certify that the attached document is a true and an exact copy ade by p blisher. fki WENN J, MEDINA MY COMMISSION EXPIRES Moot 2, 2012 Nota Public, State of Texas CALLER -TIMES K August 2, 2010 « 3E Legal Notices MO NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby: giv- en that the Corpus Christi City Council will conduct a public hearing on August 17, 2010 during a regular. Council meet- €ng; which commences at 12:00 pm in the. Council Chambers, City Hall, 1201 Leopard, to conside rthe following zoning applications which are on file in the Office of the City Secretary.& the Dept. of Planning. At said time & place of hear- ing, persons. & parties interested may appear before the City Council: 1. 0610-03, Jack R. Baker: From the 'AB" Professional Office District to the "B-1" Neighborhood Busi- ness District Located in Northwest Estates, Biock 11, Lot 4, at 4030 River Hill Dr. 2. 0610-04, Extreme Homes of Texas, LLCM: From the "R -1B'' One -family' Dwelling District to the "R -1C" One -family ' Dwelling District` - Located at Shallow Creek Dr. 3. 0610-05, City of Corpus Christi: Zon- €ng recently annexed properties to the "R -1,B" One-Famlly Dwelling. District - Lo- cated: along the southern shoreline of Nueces Bay. Information may be obtained by calling or visiting the Dept. of Development. Ser- vices, ervices, Planning Section 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 # 5948283 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 ORDINANCES NO. 0287 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/23/2010,8123/2010. $ 146.22 1Time(s) On this t9LlWday of \ I LEGAL SALES 12(EPRESENTIVE 20 DI certify that the attached document is a true and an exact copy ' ade by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2,2012 Nota Public, State of Texas sae VALgust3,2lo 1 ER=TIV ' PASSAGE OF ORDINANCES NO. 028722, 'Arnend- ing"the Zoning Ord., upon application by Jack R. Baker, by changing the Zoning Map in reference to Northwest Estates; Block11, 1,ot 4 from B Professional Of- ce ':District to B/SP" Professional. ffice District with pecial Permit to ai-' w: the operation of - staurant, subject. tog Site Plan & save 7) conditions; an spa O. 028723, Amend ng the Zoning Ord., pon application b xtreme Homes o exas, LLC; ;b hanging the Zonin! ap in : reference t.., .49 acres out o ckinzie Partltio ract 1-C, from `1:1-1B" One -family` welling District to, Fl -1C .One -family`' Dwelling .District.'l These ord. were passed & approved. by the Corpus Christi'' City Council on. Au- gust 17, 2010. /s/Armando Chapa wiwistagiltARIKAV