HomeMy WebLinkAbout024523 ORD - 07/24/2001
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AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
CORPUS CHRISTI OUTPATIENT SURGERY, Ltd., BY CHANGING THE
ZONING MAP IN REFERENCE TO LOT 66, BLOCK 816A, PORT
ARANSAS CLIFFS AND THE NORTH 24 FEET OF THE PROCTOR
DITCH, (CURRENTLY ZONED "R_1 B" ONE-FAMILY DWELLING
DISTRICT, "R-1B" ONE-FAMILY DWELLING DISTRICT WITH A liSP"
SPECIAL PERMIT, "R_2" MULTIPLE DWELLING DISTRICT, AND "R_2"
MULTIPLE DWELLING DISTRICT WITH A "SP" SPECIAL PERMIT) BY
GRANTING A SPECIAL PERMIT FOR A SHOPPING CENTER
SUBJECT TO A SITE PLAN AND ELEVEN (11) 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 Corpus Christi Outpatient Surgery, Ltd"
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,
June 6,2001, during a meeting of the Planning Commission, and on Tuesday, July 17,
2001, 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;
WHEREAS, the public hearing on Tuesday, July 17, 2001, was continued to and
resumed and held on July 24, 2001, 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;
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 granting a Special Permit for a shopping center on Lot 66, Block 816A,
Prot Aransas Cliffs and the north 24 feet of the Proctor Ditch (currently zoned "R-1 B"
One-Family Dwelling District, "R-1 B" One-Family Dwelling District With A "SP" Special
Permit, "R-2" Multiple Dwelling District, and "R-2" Multiple Dwelling District With A "SP"
Special Permit), located on the east side of South Alameda Street, approximately 650
feet north of Ropes Street. Metes and bounds descriptions are attached as Exhibit A.
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to a site plan and the following eleven (11) conditions:
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1, USE: The only uses permitted by this Special Permit other than the uses
permitted by right in an "R-1 B" One-family Dwelling District and an "R-2" Multiple
Dwelling District are retail stores, offices, medical clinics, personal service uses
(excluding restaurants), and one restaurant not to exceed 2,000 square feet.
The following uses are prohibited: bars, lounges, or nightclubs, discos,
undertaking businesses or establishments, establishments selling, exhibiting, or
distributing pornographic or obscene materials, massage parlors, convenience
stores, service stations, fueling stations, liquor stores, or any business that
creates strong offensive odors, fumes, or dust, or emits loud shill sounds.
2, SCREENING: A masonry wall with a height of not less than eight (8) feet
must be installed and maintained along a line parallel to and ten (10) feet west of
the Topeka Street right-of-way line, The masonry wall must be maintained from
the existing masonry wall parallel to Topeka Street and the parking area. A
landscaped screening that will obtain a height of six (6) feet within one year of
planting, must be installed and maintained along the parking lot" south and east
boundary lines.
3. LANDSCAPING: A 10-foot landscaped strip must be provided and
maintained along the area between the masonry wall and Topeka Street. This
landscape strip must contain at least one, 3-inch caliper oak tree every 30 feet on
center and must be carefully irrigated. Landscaping along the south property line
and the west portion of the property must match existing landscaping and must
comply with the attached site plan.
4, REFUSE: All disposable items must be placed in containers at designated
fenced disposal areas, All refuse container removal must occur between the
hours of 6:00 a.m, and 9:00 p,m.
5. ACCESS: Vehicular access to Topeka Street is prohibited.
6. LIGHTING: All security lighting must be directional and shielded, Lighting
must be directed away from the surrounding residences and public rights-of-way.
7. SIGNAGE: All wall signs must comply with the standards set forth on the
"B-1" Neighborhood Business District of the Corpus Christi Zoning Ordinance,
except that wall signs are only permitted along the building facades that face S,
Alameda Street. One freestanding sign is permitted provided that the area of the
sign does not exceed twenty (20) square feet and a height of ten (10) feet.
8. BIKE AND HIKE TRAIL: A concrete bike path with a width of not less than
eight (8) feet must be constructed to connect the S. Alameda Street sidewalk
with the Topeka Street sidewalk. The bike path must be installed within one year
from the date of this ordinance. Construction plans for installation must be
approved by City Engineering prior to construction start.
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9. ORDINANCE NO. 023438: Adoption of this ordinance does not affect the
conditions or site plan for Lot 65 as set forth in Ordinance No. 023438, approved
by the City Council on September 15, 1998.
10. DRAINAGE: The stormwater runoff from the parking area in the Proctor
Channel must be filtered by either vegetation or filtration at the catch basin
before runoff reaches drainage culvert.
11. TIME LIMIT: This Special Permit shall be deemed to have expired within
one year from the date of this ordinance unless the property is being used as
outlined in condition #1 and in compliance with all other conditions and City rules
and regulations.
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, 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 hereby expressly repealed.
SECTION 7. 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.
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SECTION 8. 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 24th day of July, 2001.
ATTEST:
~
Armando Chapa
City Secretary
THE CITY OF CORPUy
hn~~
""'Samuel L. Nea , Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM July 17, 2001
James R. Bray, Jr.
:;lJ:~&~
oyle D. rtis
Senior Assistant City Attorney
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Corpus Christi, Texas
~~YOf~,2001
TO THE MEMB~RS ~ 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,
Council Members
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
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DESCRIPTION FOR SPECIAL PERMIT AREA
CASE NO. 0501-01
Description of a 0.8785 acre tract of land, more or less, consisting of all of Lot 66, block 8l6A,
Port Aransas Cliffs, a map of which is recorded in volume 53, Page 13, Map Records, Nueces
county, Texas and a portion of the Proctor Drainage right-of-way or Proctor Street, said 0.8785
acre tract as further described by metes and bounds as follows:
BEGINNING at a point in the northeast right-of-way line of S. Alameda Street for the
westernmost corner of the tract herein described and westernmost corner of said Lot 66;
THENCE N58053'27"E 250.00' along the northwest boundary line of said Lot 66 to a
point in the southwest right-of-way line of Topeka Street for the northernmost corner of the tract
herein described and of said Lot 66;
THENCE S3l 001' 40"E along said southwest right-of-way line of Topeka Street, at
125.04' pass the eastern corner of said Lot 66 and through a portion of said Proctor Drainage
right-of-way, in all a distance of 153.04', to a point, for the easternmost corner of the tract herein
described.
THENCE S58054'00"W 250.18', to a point in said northeast right-of-way line of S.
Alameda Street for the southernmost corner of the tract herein described;
THENCE along said northeast right-of-way line of S. Alameda Street N31 004 '22"W, at
28.00' pass the southernmost corner of said Lot 66, in all a distance of 153.04', more or less, to
the POINT OF BEGINNING.
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c!NANCE DEPAHTMEril PUBLISHER'S AFFIDAVIT
State of Texas
County of Nueces
01 AUG -2 AMID: II
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ss:
CITY OF CORPUS CHRISTI
Ad # 3904686
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
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 30TH day(s) of JULY,
DrcLv No. OZ~6l2J
2001.
~CIWiIIIt c.lI!Ir- TIIp. ~, July' ao. 2001/01
~"
OF~fc
NO. O~4523, by
__ tho zoning
'map Tn rSferenca to Lot
66, Block 81BA, Port
Aransas Cliffs and the
north 24 feet of the
Proctor Ditch,
(curren1ly zoned 'R-
1 S" One-family
Dwetling DIstrict and
"R.2" Multiple Dwelling
District) by granting a
Special Permit for a
shopping "center l
subject to a site plan t
and eleven (11) ~ ~ ~
conditions; amending .....t ~ j
the Comprehensive /r ~ II'
Plan to account for any "j ~ q,'" /'
deviations from the O~rL. ' ^C\'?~..... ,i
e x f s tin g <XI-lj.;!.'..... ,."
Comprehensive Plan. _d"'-
This ordinance was
passed and approved
by the City Council of.
tile City of Cotpuo
~ on July 24,
llOO1.
/oI_~
CIty ~
Ie -:~ g t?~
Cr ait ~stomer Service Manager
Subscribed and sworn to me on the date of
JULY 31.2001.
~ Q;UL '--IYtaJ2UJc ~
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
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