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HomeMy WebLinkAbout024281 ORD - 11/14/2000 Page 1 of4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SUPCHAI AND MAl HO CHANYARLAK, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.895 ACRE OUT OF LOT F, BLOCK D, HART ADDITION, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT AND BY GRANTING A SPECIAL PERMIT FOR LIMITED RETAIL USES, SUBJECT TO A SITE PLAN, BUILDING ELEVATIONS, AND SIX (6) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Supchai and Mai Ho Chanyarlak for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 27, 2000, during a meeting of the Planning Commission, and on Tuesday, October 24, 2000, and November 14, 2000, 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 of 0.895 acre out of Lot F, Block D, Hart Addition, located on the north side of Leopard Street, approximately 200 feet west of Hart Road, from "R-1 B" One-family Dwelling District to "AB" Professional Office District. A metes and bounds description of the subject property is attached as Exhibit A. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for limited retail uses on 0.895 acre out of Lot F, Block D, Hart Addition, (zoned "AB" Professional Office District by Section 1 of this Ordinance). SECTION 3, That the Special Permit granted in Section 2 of this Ordinance is subject to a site plan, attached as Exhibit B, building elevations, attached as Exhibit C, and the following six (6) conditions: IICITYHALL02IU5ERSILEG-DIRINOEMIIDDCURTISIMYDOCS\20001P&zORDOOlZm!' ;.ORDIDOYLECIZ090005C.DOC .024281 - Page 2 of4 1. ALLOWED USE: The only uses authorized by this Special Permit other than those uses permitted by right in the "AB" Professional Office District are retail sales. 2. FLOOR AREA: Retail sales use may not exceed a total floor area equal to twenty (20) percent of the gross floor area of the building. 3. LANDSCAPING: In addition to Article 27B, Landscape Regulations, canopy trees with a minimum caliper of two (2) inches must be planted thirty (30) feet on center along the rear setback area. Also, tree plantings in the front yard must be spaced no more than thirty (30) feet on center. 4. HOURS OF OPERATION: The permitted retail uses are limited to the hours between 6:30 a.m. and 10:00 p.m. 5. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and adjacent public right-of-way. 6. TIME LIMIT: This 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 4, That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Sections 1 through 3, inclusive, of this ordinance. SECTION 5. 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 6. That to the extent that the foregoing amendments to the Zoning Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 7. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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. IICITYHALL02IUSERSILEG-DIRINOEMIIDDCURTISIMYDOCS\2000\P&ZORDOOIZONING.ORDIDOYLECIZ090005C.DOC . Page 3 of4 SECTION 9, That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 14th day of November, 2000. ATTEST:~OdJ Armando Chapa r City Secretary THE CITY OF CORPUS CHRISTI ~~ru_~ SamuelL.N al,Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM November 15, 2000 James R. Bray, Jr. City Attorney By 9j-~/~, Doyl . Curtis Senio Assistant City Attorney IICITYHALL02IUSERSILEG-DIRINOEMIIDDCURTISIMYDOCS\2000\P&ZORDOOIZONING.ORD\OOYLECIZ090005C.DOC - Page 4 of4 Corp~hristi. Tex~ ~ .n' j/)2 ~ I LJ day of n l.) v-u; 'Mtm - , 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, amuel L. Neal, Jr. Mayor, The City of Corpus Council Members Melody Cooper Henry Garrett Samuel L. Neal, Jr. Javier D. Colmenero Rex A. Kinnison OAd{ ~f ~)gz cut~ Dr. Arnold Gonzales Betty Jean Longoria John Longoria Mark Scott 02~281 IICITYHALL02IUSERSILEG-DIRINOEMIIDDCURTISIMYDOCS\2000\P&zORDOOIZONING.ORDIDOYLECIZ090005C.DOC lllE URBAN ENGINEERING SEPTEMBER 13. 2000 JOB NO. 36902.AO.OO FAX (361 )854-600 1 (361)854-310 1 P.O. BOX 6355 . CORPUS CHRISTI. TEXAS 78466-6355 EXHIBIT "A" STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for a 38,993.507 square foot tract ofland out of Lot F, Block D, Hart Addition, a map of which is recorded in Volume 39, Page 137, Map Records of Nueces County, Texas; said 38,993.507 square foot tract being more fully described as follows: BEGINNING at a 5/8 inch iron rod found on the north boundary of Leopard Street (State Highway No.9), a 160 foot wide public roadway, for the southwest corner of a 0.978 acre tract of land out of the C.C. Hart Partition, Share 9, recorded in Document Number 1998040571, Official Public Records of Real Property ofNueces County, Texas, for the south corner of said Lot F, Block D and of this tract; THENCE North 56023'00" West, with the north boundary of said Leopard Street and the south boundary of said LOLF, Block D, a distance of211.96 feet (plat = 212.60 feet) to a 5/8 inch iron rod with red plastic cap labeled "URBAN ENGR C.C. TX" set for the southwest corner of this tract, from which a found 5/8 inch iron rod bears North 56023'00" West, a distance of35.11 for the Southwest corner of said Lot F, Block D, for the southeast corner of a I. 4 7 acre tract out of the C. C. Hart Partition, Share 7 and 8, recorded in Document Number 1997020416, Official Public Records of Real Property of Nueces County, Texas; THENCE North 29008'36" East, parallel with the west boundary of said Lot F, Block D, same being the east boundary of said 1.47 acres, and 35.00 feet distant there from, measured at right angles thereto a distance of 203.91 feet to a 5/8 inch iron rod with red plastic cap labeled "URBAN ENGR C.C. TX" set for the northwest corner of this tract; THENCE South 56025'27" East, a distance of31.77 feet to a 5/8 inch iron rod with red plastic cap labeled "URBAN ENGR C.c. TX" set for an interior corner of this tract; THENCE North 33027'52" East, a distance of 13.88 feet to a 5/8 inch iron rod with red plastic cap labeled "URBAN ENGR c.c. TX" set for a corner of this tract; 2725 SWANTNER DR. . CORPUS CHRISTI. TEXAS 78404 moil@urboneng.com - THENCE South 55019'04" East, a distance of 120.96 feet to a 5/8 inch iron rod found on the east boundary of said Lot F, Block D, for the northwest comer of the aforementioned 0.978 acre tract, for the southwest comer of a 0.885 acre tract out of the C.C. Partition, Share 9, recorded in Volume 1571, Page 189, Deed Records ofNueces County, Texas and the northeast comer of this tract; THENCE South 14013'00" West, with the east boundary of said Lot F, Block D and of this trl!ct, same being the west boundary of the 0.978 acre tract, a distance of 227.90 feet (deed = 227.79 feet) to the POINT OF BEGINNING and containing 38,993.507 square feet ofIand. Bearings based on the south boundary of Lot F, Block D, Hart Addition, a map of which is recorded in Volume 39, Page 137, Map Records of Nueces County, Texas. Unless this Fieldnotes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. URBAN ENGINEERING .4909 - Ir ! ~l i " / \IT-- I! , I r,r:-'~--~T' 111.,Wl':.I',1 i'l!' " i 'Ii: "Ii I; I 'I' \Tn]. ~i, [Q:g.~ r=,-~__~. H : : I! i ~ ~i! i_II ::::.=:= ~ 'Rlt' ." iil i "__: \ :1: :' " \1 1'---'c'11TC-illJf==II' +,--"l:F::ili~~~_ , .li I \.~-li'::~L~_"l I 'Fill mrJ II ! :'1 il ii11r:'.;11 ,I, L_:-----.:__~.:. \ 1\\ ~ 1 !I '~"--'- Ii !L. -~~~~i: - Et:ll :1 --." / I 11 'i Ii ,; 1.1 7. Cj \- ~ ~ "'" 'l:L ~ '-'- , : t" ~,:, !I ]\: I tl~'!T:_!1~:I: ~ ~Ii~~:.'..:q, i:;- ~ '17 : , /, .... :O:! ,~ I i:~".- ~ij~ /;'!:A, ~1 ~ -~ :, .IJh)~I' III 'I' . . 11"'1 \'1 I' :1 , ~ ' '.:~I "~ I. ~::I" ~-~ '\ F;:'~;~., . -~-:., ~ ';:_,..; "'Fi;-f' \,.U.~.u....._LJ.:....LL~._ ._ v - ~ fE ENr Po ~ (S) -. . PUBLISHER'S AFFIDAVIT , t-'. "':' ': State of Texas County of Nueces } } CITY OF CORPUS CHRISTI ss: Ad # 3607122 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager 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 9TH day(s) of OCTOBER, 2000. TWO (2 ) Time(s) t.r~ g c?~ Customer Service Manager $166.98 Subscribed and sworn to me on the date of OCTOBER 10, 2000. ~~~ Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. /. ArlYlefro, :j" ~clrle lJL7.. - NO. ()~4 uq NO, () ~4 ~f) :5 ~Qrial- No,Olql$/ . ",~ Oetober 9. 2000 >!pUS Chrieli 08IIer NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLlCATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby' given in acoordance with the law that the City Counctl of the City of Corpus Christi will condu~ a public hearing on Tuesday, CKrtober24,2QOO,durtng a regular Council meeting which commences at 2:00 p.m. ill the City ,~Counci' Chambers, City Hall, 1201 Le.opard, to consider the following zoning application(s) of which said applicatiOnS are on file in the OffIce of the City Secretary and the Departmental Planning. At said time and place of hearing, all persons and parties inter.-ted ~y, appear before the City Council. The zoning application(S) to be considered at the hearing are as follows: 1. 0900-01, Betty Armstrong for D.W. Grant. Trust .F~A. Farm- Rural District to, .1~2. Light Industrial District- Located between Interstate Highway 37 and Leopard Street ancj between Suntide and Hunter Roads. 2. 0900-04, Juan A. Rodriguez: "R-2" Multiple Dwelling District to 'B-1' Nelghborl1ood Business District-Located, on the south side of Horne Road, approximately 70 feet west of Barrera Street. - 3. 0900-05, SUpcI18I end Mei Ho a.nyortek: 'R- 1B"~FarnityDwell. lrlc '8-.' Nelghbofhood 8<lsln_ District-Located on the, north side of Leopold Street, approximately 200 feet w,st of Ha Road. Information may b obtained by calling th Planning Department e: 880-3560, or visiting th Planning Department 1201 Leopald S_. Is! AnnII1dO ofClly PUBLISHER'S AFFIDAVIT , State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 3651437 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager 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 annex(>n i" '" tnlP "onv ""'" in"~r>~rl on >hp Corpus Christi Caller-Times and on 'I'1cE OF PASSAaE OF ORDINANCE(S): o. 024281, by Changing NOVEMBER 2 the zoning map in 0 ~ reference to 0.895 acre V out of Lot F, Block 0, I ' , Hart Addition, from .R- I 11 B. One-Family Dwelling District to MAe- : Professional Office I . r District and by granting a TWO (2 ) Tlme(sl spec;el permit for limned ~ retail uses, subject to a . sile plan. buildinij i elevations, and six (6) conditions; amending the ! Comprehensive Plan to I account for any , deviations from the existing Comprehensive Plan. rhisordinancewas ubscribed and sworn to me on the date of passed and approved by the City Council of the OVEMBER 21 2000 City of Corpus Christi on . November 14, 2000. 1sI. A_ Chapa City Secrawy Co Christi Interactive on the 20TH day(s) of 0,0;(4;(31 '4. ustomer Service Manager g ~ $67.54 f~~~ Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.