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HomeMy WebLinkAbout023252 ORD - 03/17/1998AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY JOSE GUADALUPE LEON, BY GRANTING A SPECIAL PERMIT FOR OFF- STREET PARKING LOT ON THE WEST 0.1033 ACRE OUT OF LOT 9, BLOCK 2, MONTROSE PARK; 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 Jose Guadalupe Leon, for amendment to the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesdays, February 4 and 18, 1998, during meetings of the Planning Commission, and on Tuesday, March 17, 1998, 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 and a Special Permit for off-street parking lot is granted to the west 0.1033 acre out of Lot 9, Block 2, Montrose Park, located 25th Street and South Port Avenue, approximately 150 feet south of Ruth Street. A metes and bounds description of the property is attached as Exhibit A. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following conditions: 1. USES: The only use authorized by this Special Permit other than the permitted "R -1B" One -family Dwelling District uses is a parking lot associated with the restaurant on the adjacent lot to the west. No dumpster or other accessory uses shall be allowed. 2. SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed and maintained along the north, south, and east boundary lines. No gates shall be allowed along the required screening. The fence must be installed within one (1) year from the date of this ordinance. 3. ACCESS: Vehicle and pedestrian access to 25th Street from the subject property is prohibited. Z029803B.077 v.4JUE )FI MEd 023252 2 4. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and public rights-of-way. 5. SPEAKERS: Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. REPLATTING REQUIRED: The west 0.13 acres of Lot 9, Block 2, Montrose Park, described in the metes and bounds description of the property attached as Exhibit A, shall be replatted with the lot containing the Jalisco Bakery that fronts on South Port Avenue. The ten foot wide strip of land on the east side along the south boundary line of Lot 9, Block 2, Montrose Park, which fronts on 25th Street shall not be included in the replatted lot. 7. TIME LIMIT: This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance in 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, 1973, 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 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 declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 1 ri day of I; (iv C h , 1998. 20298036.077 3 ATTEST: Armando Chapa City Secretary Samuel L. Neal, r. Mayor, the City of Corpus Christi APPROVED: This / eday of Nei re_ ,1998. James R. Bray, Jr., City Attorne By: R. Jay ng, Assistant ty Attorney Z029803B.077 4 Corpus Christi, Texas 1 day of i_V1,1111 , 1998 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, Samuel L. Neal, Jr. Mayor, the City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Melody Cooper Javier D. Colmenero Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols Z029803B.077 dist fl- (1C I l F 093252 5 METES AND BOUNDS Special Permit Case No. 298-3 Jose Guadalupe Leon DESCRIBING a 0.1033 acre tract, more or less, out of Lot 9, Block 2, Montrose Park Addition, as shown on Plat of Record in Volume 4, Page 6, of the Nueces County, Texas, Plat Records, and more particularly described as follows; BEGINNING at a point, the northwest corner of said Lot 9, Block 2, Montrose Park Addition, for the northwest corner of this tract; THENCE N 88° 00' 00" E along the north line of said Lot 9, a distance of 75.00 feet, more or less, to a point, for the northeast corner of this tract; THENCE S 02° 00' 00" E, leaving said north line of Lot 9, a distance of 60.00 feet, mdre or less, to a point on the north line of Lot 10A, Block 2, Montrose Park Addition, as shown in Volume 38, Page 170, of the Nueces County, Texas, Plat Records, for the southeast corner of this tract; THENCE S 88° 00' 00" W along said north line of Lot 10A, a distance of 75.00 feet, more or less. to the northwest corner of said Lot 10A, for the southwest corner of this tract; THENCE N 02° 00' 00" W along the west line of said Lot 9, a distance of 60.00 feet, more or less, to the POINT OF BEGINNING. EXHIBIT A Z029803B.077 FE f -1 moo State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1977795 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 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(S): which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on � the Caller -Times Interactive on the 23RD day(s) of MARCH, 1998. g Ord,1 na.Rc.5 , o PSB X5i� �,;,��a11M Tlmes Mondery�-'M�h o a3 a.60t/ TWO (2) 1110 Legal Notices -PASSAGE OF • $58.40 i, . ^ahangnt he Marin' reference,b ag:dq cttheGrpq Erns Stant, , Abetracl.692 ¥.R•.Eonn•Rural Oats -1B' Manufactured Hans DietrIct wire* 1 wafer Business OlilIta 2;NO "023252.1:1 • sspsc` rPenak-fra Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of MARCH 24, 1998. I Office District to & ifril2trborhood :Bast UYand app Cof the are detI on M Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. State of Texas County of Nueces 1 } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1934799 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 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 which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 2ND day(s) of MARCH, 1998. TWO (2 ) Time(s) $115.80 01111111111/0 441/4 sc.(�NtPa rE. RB�s02 %�E. _ �' Ph • • ` ' c QF TES'iottinmile Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of MARCH 03, 1998. @M4AAULD tA--Cti--liAcJ Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. a 6 moittc%,_ ord» O aa2663 � . R,. armart - 64, 0 43asi a. T. Loa- off, 0a325a. fir,-Timep Monday, To' APP{JCATION(S) - OF .THE mot CRY'. OF....CCOORRPPUS CHRISTI iNootss is "iv, F a0oor• CNy Condi M CClpiny�ptay. k hoe rd on "j"ueeday, 17 Mesh an nsnce. at 2:00 p.m, in Counal Chambers. «0 1201 Leopard, So Mgr The follOwr • yew say 1998