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HomeMy WebLinkAbout028779 ORD - 09/14/2010Page 1• of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JOBITA M. CORONADO & MARY G. DILLARD, BY CHANGING THE ZONING MAP IN REFERENCE TO AUSTIN SUBDIVISION, BLOCK 3, LOT 17, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R- 1B/SP" ONE -FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT, SUBJECT TO 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 Jobita M. Coronado & Mary G. Dillard, 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, August 4, 2010, during a meeting of the Planning Commission, and on Tuesday, September 14, 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 Austin Subdivision, Block 3, Lot 17, located at 502 Balboa Street at Hidalgo Street, approximately 900 feet south of the intersection of Balboa Street and Baldwin Avenue, from "R-1 B" One- Family Dwelling District to "R- 1B/SP" One -Family Dwelling District with a Special Permit, subject to seven (7) conditions. (Zoning Map 048043) (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 "R -1B" One -Family Dwelling District, plus the operation of a beauty culturist or hair stylist shop with retail of hair care related products (i.e. shampoo, conditioner, etc.) 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda19-14-1010810-01 Jobita M Coronado & Mary G Dillard1081001 R1 -B R1-B- SP.Doc 028779 INDEXED Page 2 'of 4 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A solid screening fence with a minimum height of six (6) feet shall be located along the eastern and southern boundary lines of the property where the property has residential adjacency. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5. Parking Lot Refurbishment: Parking lot must be refurbished to acceptable off-street parking regulation design standards as per Article 22 of the Corpus Christi Zoning Ordinance. 6. Hours of Operation: Monday — Saturday, 8 AM — 8 PM 7. Time Limit: Such Special Permit shall be deemed to have expired within 18 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 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\Shared\LEGAL-DEV.SVCS12010 Agenda19-14-1010810-01 Jobita M Coronado & Mary G Dillard1081001 R1 -B R1-B- SP.Doc . Page. S of 4 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 so that this ordinanc is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Ada City Secretary Mayor, City of Corpus Christi APPROVED: , 2010 (14)4"\-__ eborah Walther Bro Assistant City Attorney For City Attorney H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda19-14-1010810-01 Jobita M Coronado & Mary G Dillard1081001 R1 -B R1-B- SP.Doc Page 4bf4 Corpus Christi, Texas --day of 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 Ad me 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. LealV`. John E. Marez Nelda Martinez Mark Scott EFF CTNE DATE 20)Z)D H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda19-14-1010810-01 Jobita M Coronado & Mary G Dillard1081001 R1 -B R1-B- SP.Doc 028779 22 4 I O H245 2 2 ?4 25 2( 271 J 4 31 2 1 NAVA 7 6 5 4 3 4 o sT 16 11 12 1 14) 151 1 171 18. 19 201 6 41111 l) 10 9 8 7 6 5 4 3 2 1 SANTA ELENA ST 4J12.5126127 1 24 251 281 5 4 3 2 1 72 1 24 251 2 5 4 3 2 1 2. 2 2 111 GLORIA ST S 8 11 1 1 1,1 1• e 19 8 7 6 41111 10 15 11 3 R? 1 28 29 WEA VW 11 SUBJECT PROPERTY b AUSTIN 2 400 CASE: 0810-01 EXHIBIT A Planning Comission Recommendation From: R -1B To: R-1 B/SP Ordinance: 19 20 15 14 13 22 23 co 15 0 CO rrr 10 WfM 25 8 WI WM 28 5 MINIM 31 2 14 19 20 10 NEM firM WEI 7 5 4 2 W z Z 12 14 16 12 11 10�o ono WPM 24 ■ 4 22 t o R G PtepavS}sa,'z aeparml rcFDev en 3eraree I N9A SIEJECT PROPERTY OCATION MAP State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5948748 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 CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/30/2010, 8./30./2010. $ 248.07 iTime(s) On this '. ' \lay of is a true and an exact copy L),L LE 1 ALES RRESENTIVE OwENN J. MEDINA MY COMMISSION EXPIRES Nat ,' �`�g August 2, 2012 A.0 '4$6ke,,R*W19,0111"0164.111.0.1041/41.11MIPINIES4 N , 2'I V-1 certify that the attar d document ade by p • ishpr. Nota Public, State of Texas GE >') August 30 X010 » CALLER -TIMES Legal Notices .1110 N ICE OFPUBLIC HEARING'tQ:'CON- SIDER ZONING APPLICATION(S) OFTHE CITY F CORPUS CHRISTI Notice is. hereby giv en that the Corpu Christi .City Counci will conduct a'publi hearing on Septem ber 14, 2010 during. regular Council meet ing which cornmenc es at 12:00 °pm in. th Council Chambers City Hall, 1201.' Leap ard, to consider th following zoning ap pllcation(s) which ar On file in the Office o the City Secretary s' the Dept. of Planning 'At said time .& plac `of hearing.,. persons parties interests may appear befor the City Council:. 1. 0810-01, Jobita M. Coronado & Mary G. Dillard From the "R-1 B" One -family Dwelling District to the "'B-1" Neighbor- hood Business Dis- trict `Located at 502 Balboa St.,' -approxi- ;mately 900, ft, south. of the intersection of. Balboa St. and Bald- win Ave: 0810.02, AN Cor us; Christi Chevrolet P: From the "R -1B" ne-family Dwelling lstrict to . the "B-3' eneral Business 'strict - Located ap-. roximately 1,300 ft. orthwest of the in- ersection of McArdle d. and Nile Dr. .`0810-.03 Fabian: oline Family Ltd: roin the "8-4' Gen- ral Business :District o the " "1-2' Light (n ustrial. District - Lo- cated at 3814 Mush - net Dr:, approximate- y 975 ft northwest of he intersection of Acushnet Dr.;' and Weber Road. lnforrnation rnaybe obtained by calling or visiting the Dept: of. Development Servic- es, Planning Section at (361) 826.-3560, 2406 Leopard St, /8/Armando Chapa City Secretary 6 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5950598 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. 0287 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/20/2010, 9/20/2010. $ 210.24 LEG SALES R RESEN IVE 1Time(s) On this R' -day oafott, oaf , 2 I certify that the attached document is a true and an exact copy made by publisher. GWENN J. ME D1NA I ,{ C A at 2, 2012 EXPIRES Not ry Public, State of Texas CALLER -TIMES « September 20, 2010 :a 3E Legal Notices 1110 NO O PASSAGE OF ORDINANCES NO 028779, Amend lingg:'the 'Zonin lOrdinance, upon apt. plication by Jobita Coronado &' Mary :G Dillard by changin the Zoning Mapi, reference to Austi. Subdivision, 'Biock. 3.4 Lot '17, from"1R 1B' e=f Onarnlly Dwelling District to `R-1 B/SP One -family Duvelling? District with a:Speclal+ Permit, subject to' seven (7) conditions;' NO. 028780, Amend- ing ..the Zoning Ordinance; upon ap- plication by AN Corpus Christi Chev- r o le t;, :: LP, by changing, the Zoning, Map in reference to 6.87. acres out of! Woodlawn Estates i Block 1, Lots 1 and 2, and Flour Bluff and Encinal Farm andd��ry Garden Tracts Secy tion 18, Lots 3 and 40 from °R 1 B".One4 family Dwelling Dis:. Mot. to 'R1-BB/SP.1 One -family Awellin District witha Speci. Permit subject to' Site Plan .atnd to (10) :conditions, ah NO. 028761, Amen ing the' Zonis' Ordinance, upon a plication by.,Pabian Mdlina Family LTD by changing the Zoo. ing Map in referencit to 0,977acres out o Saratoga Weber,Pla4, za Subdivision, Bloclir ' Lot 14,:from "B=4'1? i7, GGeneraati l Buslnes (District to "1-2" Lightd Industrial Districti hese ord', ward eased & .approved y the Carpus Christi Ity Council on Sep em qoeer 14, 2010. /-ai Armando Chapa City Secretary: