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HomeMy WebLinkAbout022714 ORD - 10/08/1996AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY HULINGS REALTY, LTD., BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING AREA ASSOCIATED WITH THE ADJACENT AUTO DEALERSHIP, SUBJECT TO A SITE PLAN AND EIGHT (8) CONDITIONS ON WOODLAWN ESTATES UNIT 1, BLOCK 1, LOT 1 AND NORTH 10 FEET OF LOT 2, AND FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 18, NORTH 2.69 ACRES OUT OF LOTS 3 AND 4; 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 Hulings Realty, Ltd., for amendment to the zoning map of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, September 4, 1996, during a meeting of the Planning Commission and on Tuesday, October 8, 1996, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that the hereinafter set forth 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 making the change hereinafter set out. SECTION 2. That a Special Council Permit be granted for a parking area associated with the adjacent auto dealership on Woodlawn Estates Unit 1, Block 1, Lot 1 and north 10 feet of Lot 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, north 2.69 acres out of Lots 3 and 4, located along the south side of McArdle Road, east of Daly Drive, subject to a site plan and the following eight (8) conditions, metes and bounds attached as Exhibit A: 1. USE: The only use authorized by this Special Permit other than the basic "R -1B" One - family Dwelling District permitted uses is a parking area for vehicles, not to include truck - tractors and semitrailers, associated with the adjacent auto dealership proposed to the south. 2. BUILDINGS: Buildings, permanent or portable, signs, freestanding or attached, and other similar structures are not permitted on this property. 96N112830.365 /996-1 Amended 2 3. SCREENING: A standard screening fence with an minimum height of 6' 11" must be placed along the east boundary line and along the north boundary line. The fence must be set back not more than forty-six (46) feet nor less than thirteen (13) feet from the McArdle Road south right-of-way line, such setback averaging twenty (20) feet for the entire length of the north boundary, in accordance with Exhibit B attached hereto and made a part hereof for all purposes. The screening fence must be installed before the issuance of a certificate of occupancy for the parking is issued. 4. LANDSCAPING: The area between the screening fence and the McArdle Road right-of- way must be landscaped. Landscaping must be in accordance with Exhibit B. The landscaping must be installed before the issuance of a certificate of occupancy for the parking is issued. 5. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and public rights-of-way. 6. SPEAKERS: Outside paging, speakers, or telephone bells are prohibited. 7. ACCESS: Vehicle access or drive approaches to McArdle Road are prohibited. 8. TIME LIMIT Such Special Permit shall be deemed to have expired within one (1) year 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, be and the same is hereby amended as herein ordained. SECTION 4. That the Zoning Ordinance and Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as herein changed, shall remain in full force and effect. SECTION 5. That, to the extent that the amendment to the Zoning Ordinance set forth herein above represents a deviation from the Comprehensive Plan, the Comprehensive Plan is hereby amended to conform to the Zoning Ordinance as amended herein. SECTION 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 7. 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, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and 96NH2830.365 / 996-1 Amended 3 declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is p sed and shall take effect upon first reading as an emergency measure this the �4 h W day of hot) , 1996. ATTEST: City Secretary AYOR THE CITY OF CORPUS CHRISTI APPROVED THIS THE 9TH DAY OF OCTOBER, 1996. JAMES R. BRAY JR., CITY ATTORNEY By: orbert J. Hart, Assis ty ttorney 96NH2830.365 / 996-1 Amended Corpus Christi, Texas g. day of /9-C�i�c TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1996. 4 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, Council Members MAYOR THE CITY The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 96NH2830.365 / 996-1 Amended CORPUS CHRISTI are- Otte - 0227) /1 MURRAY BASS. JR.. P E NIXON M. WELSH. P E State of Texas County of Nueces ) ) BASS & WELSH ENGINEERING P. O. BOX 6397 CORPUS CHRISTI. TEXAS 78466-6397 EXHIBIT "A" 3054 S. ALAMEDA PH. 512 882-5521 FAX 512 882-1265 August 19, 1996 96030.M81 Description of a 2.688 acre tract of land, more or less, being portions of Lots 3 and 4, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 - 43, map records, Nueces County, Texas, said 2.688 acre tract as further described by metes and bounds as follows (this description not based on an on -the -ground survey): BEGINNING at a point in the southwest right-of-way line of McArdle Road at the present easternmost corner of Lot 1, Block 1, Woodlawn Estates, a map of which is recorded in Volume 10, Page 34, said map records, for the northernmost comer of this tract; Thence 561°00'00"E along said southwest right-of-way line of McArdle Road 1170.65' to a point for the easternmost corner of this tract, said eastemmost comer bears N61°00'00'W 153.00' from the northernmost comer of Lot 10, Block 2, Meadowlane Addition Unit 1, a map of which is recorded in Volume 27, Page 22, said map records; Thence S29°03'14"W 100.00' along a line 153.00' northwest of and parallel to the northwest boundary line of said Block 2, Meadowlane Addition Unit 1, to a point for the southemmost comer of this tract; Thence N61°00'00"W 1171.08' along a line 100.00' southwest of and parallel to said southwest right-of-way line of McArdle Road, to a point in the southeast boundary line of Lot 2, said Block 1, Woodlawn Estates, for the westemmost comer of this tract; Thence N29°17'58"E 100.00' along the southeast boundary line of said Block 1, Woodlawn Estates to the POINT OF BEGINNING, said 2.688 acre tract is shown in sketch attached hereto as Exhibit "B". MURRAY BASS. JR.. P E NIXON M. WELSH. P E BASS & WELSH ENGINEERING P. O. BOX 6397 CORPUS CHRISTI. TEXAS 78466-6397 EXHIBIT "A" State of Texas 1 County of Nueces 3054 5. ALAMEDA PH. 512 882-5521 FAX 512 882-1265 August 19, 1996 96030.MB2 Description of a 0.448 acre tract of land, more or less, being all of Lot 1 and a portion of Lot 2, both out of Block 1, Woodlawn Estates, a map of which is recorded in Volume 10, Page 34, map records, Nueces County, Texas, said 0.448 acre tract as further described by metes and bounds as follows (this description not based on an on -the -ground survey): BEGINNING at the point of intersection of the southeast right-of-way line of Daly Drive and the southwest right-of-way line of McArdle Road for the present northernmost comer of said Lot 1, Block 1, Woodlawn Estates and northernmost comer of this tract; Thence S61°00100"E 195.00' along said southwest right-of-way line of McArdle Road to the present easternmost corner of said Lot 1, Block 1, for the eastemmost comer of this tract; Thence S29°17'58"W at 90.00' pass the southernmost comer of said Lot 1, in all a distance of 100.00' to a point in the southeast boundary line of Lot 2, said Block 1, Woodlawn Estates, for the southernmost corner of this tract; Thence N61°00'00"W 195.00' along a line 100.00' southwest of and parallel to said southwest right- of-way line of McArdle Road and 10.00' southwest of and parallel to the northeast boundary line of said Lot 2, to a point in the southeast right-of-way line of Daly Drive for the westernmost comer of this tract; Thence along said southeast right-of-way line of Daly Drive N29°17'58'E at 10.00' pass the northernmost corner of said Lot 2, in all a distance of 100.00' to the POINT OF BEGINNING, said 0.448 acre tract is shown in sketch attached hereto as Exhibit Tr. - 4- EXHIBIT B EXHIBIT B State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } } • .IC,.nr n'Tn r%_.. 93 OCT —9 PH 3:47 CITY OF CORPUS CHRISTI ss: Ad # 867355 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County 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 ZONING APPLICATION(S) which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 23RD day(s) of SEPTEMBER, 1996. ONE (1) Time(s) $ 94.35 L • HAR O��\O *AY PSB •.`4,• •' s 0o2a'�I� G.•..._ Vice -President and Chief Financial Officer Subscribed and sworn to before me this 26TH day of SEPTEMBER, 1996. S Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. r Corpus Christi Caller --Times Monday, r 2; 1996/07 174 OCcrN=e Z 4 AP►I.ICA7�p � of CRY of CORPus CH Notice is hereby given in ac- cordance -cordance with the law tat to City Council of the City of Cor- pus Christi will conduct a public hearing on Tuesday, October 8, 1886, dude a Regular Council Meeting which commanees at 2-.00 p,m. in the City Council ghats - bird City Hall, 1201 Leopard, to consider the following zon- ing epplicationp) of which said tlons am on file in 61e of the City Secretary and the Department of Plan- ning. At said tine and place oa hearing, all pesons and'pFr- des interested may maw before the Citt Council. " Ta zoning api'ication(s) tribe considered at he hearing' M as follows: A. 808.3 Hu Realty, LK: "R-113' One-Frg�enily Dwelling District and 'a-1' Neighbor- hood Busines istrict to •B-3" Business Dist* Loaded along east side al Daly Drive, n McArdle Road and So Padre Island DrivR B, 006.1 Hull Really, ad: 'R-10' One- 'iyDwelling District to 'B- usiness Dis- trict Located alon a south side of McArdle R , east of Daly Drive. Wo motion be obtained by calling the nning Depart- ment at 880 80, or Welting the Planning pamnent et 1201 L.eoper:Street. /s/ A)rendo Chapa ty Secretary, City 000rpus Christi State of Texas County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI } ss: Ad It: 913303 PO #: Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of' the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County 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. 022714 BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING AREA ASSOCIATED WITH THE ADJA which the annexed is a true copy, was published in the Corpus Christi Caller -Times on OCTOBER 14, 1996. 1 Time(s) Vice -President and Chief Financial °orpDS Atitorairmrpok,sass. QM* 14,. im officer 1113.''sit Notkes ber, 1996. /s/ Armando Chaps. City Secretary, or co r. NOTI ORDINANCE NO. 022714 By granting a Speciat Council Permit for a parking area asso- ciated with the adjacent auto dealership subject to a site plan and eight (8) conditions, on Woodlawn Estates, Unit 1, Block 1, Lot 1 and north 10 - feet of Lot 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, north 2.69 acres out of Lots 3 and 4; pro- viding for publication. This ordinance was passed and approved by the City Council of the City of Corpus Christi on the 8th day of Octo- bpf; 1N0./ An entio atm City 8aoragry, City of Corpus Waist Subscribed and sworn to before me on October 21, 1996 . Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.