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HomeMy WebLinkAbout024523 ORD - 07/24/2001 Page 1 of 5 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: IILEGALlLAWlLEG, DIRIDOYLEDCURTISIMYDOCS\2001 IP&ZORD01\zONING,ORDlDOYLEC\2001\z0501 01A.DOC () ;~i ..4 ~J r) 3 t..'." --~ ,) ~ _ Page 2 of 5 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. IILEGALlLAWlLEG, DIRIDOYLEDCURTISIMYDOCS\2001 IP&ZORD01\zONING,ORDlDOYLEC\2001\z0501 01A,DOC . ~ Page 3 of 5 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. IILEGALILAWlLEG- DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORD011Z0NING.ORDlDOYLEC\20011Z0501 01 A.DOC --. ---- Page 4 of 5 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 IILEGALlLAWlLEG- DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORD011Z0NING.DRDlDOYLEC\2001 IZ050101 A.DOC .,_.~~ .- Page 5 of 5 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 IILEGALILAWlLEG- 01 RIDOYLEDCU RTI SIMYDOCS\2001 IP&ZOR001 \ZONI NG. ORDlDOYLEC\2001 \Z0501 01 A. DOC () .-, . r:-23 1,) :;"l~ 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. H:\PLN-DIRIERMA \ WORD\M&B\050 1-0 I METES&BOUNDS.DOC - ~ r c!NANCE DEPAHTMEril PUBLISHER'S AFFIDAVIT State of Texas County of Nueces 01 AUG -2 AMID: II } } 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. ~ "