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Home My WebLink About024596 ORD - 09/18/2001 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ONAC DEVELOPERS, BY CHANGING THE ZONING MAP IN REFERENCE TO NORTH 179 FEET OF LOT 34, BLOCK 1, GARDENDALE NO.2, (CURRENTLY ZONED "R-1B" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A PARKING LOT SUBJECT TO A SITE PLAN 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 ONAC Developers 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, August 15, 2001, during a meeting of the Planning Commission, and on Tuesday, September 18, 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; 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 granting a Special Permit for a parking lot on the north 179 feet of Lot 34, Block 1, Gardendale No, 2 (currently zoned uR_1 B" One-family Dwelling District), located approximately 125 feet north of Curtis Clark Drive and approximately 165 feet east of Everhart Road. Metes and bounds description is attached as Exhibit A. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following six (6) conditions: 1. USES: The only use authorized by this Special Permit, other than those uses permitted by right in the UR_1 B" One-family Dwelling District, is an off-street parking lot. The parking lot's use is limited to the business (currently Taqueria Jalisco) that fronts on and has direct access to Everhart Road and which is located on Lots 5, 6, and 7, Roper, which abut the subject property. 2, ACCESS: Access to Curtis Clark Drive from the subject property is prohibited, IILEGALILAVVlLEG- DIRIDOYLEDCURTISIMYDOCS\2001 IP&ZORD01 IZONING.ORDlDOYLEC\20011Z0801 06A.DOC :, ' ) "-, (i ur.: '.,' '.. 'uJ -- 1 l' Page 2 of 4 3. SCREENING: A standard screening fence with a height of not less than six (6) feet must be provided along the north, south, and east boundary lines. The screening fence must be installed within thirty (30) days after the parking lot is constructed. 4. LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be provided along the screening fence. All landscaping must be kept in a healthy, growing condition at all times and must be installed within thirty (30) days after the parking lot is installed. An irrigation system must be provided for the landscaping. 5. LIGHTING: Any parking lot lighting may not extend above the height of the required screening fence. 6. TIME LIMIT: This Special Permit is 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 a Certificate of Occupancy has been obtained and the property is in compliance with all other conditions. 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. IILEGALlLAWlLEG- 01 RIDOYLEDCURTISIMYDOCS\200 1 IP&ZORD01 \lON I NG. ORD\DOYLEC\2001 \lOBO 1 06ADOC 1 r Page 3 of 4 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 18th day of September, 2001. ATTEST: Armando~ City Secretary THE CITY OF CORPUS CHRISTI r4-_1 4:.~ Samuel L. Neal, Jr. / Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 12 September, 2001 James R. Bray, Jr. c;~~ By: J oyle D urtis Senior Assistant City Attorney IILEGALlLAWlLEG- DIRIDOYLEDCURTISIMYDOCS\2001 IP&ZORD01\ZONING.ORD\DOYLEC\2001\Z0801 OBA.DOC 1 yo Page 4 of 4 Corpus Christi, Texas , Qh--\ ,~flWli\I ~ -liL day of ~ ___1 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. Respectfu lIy, Respectfully, ~~~ ;samuel L. ai, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. ~ Brent Chesney Henry Garrett Javier D. Colmenero William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott IILEGALlLAWlLEG- DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORD01\zONING.ORD\DOYLEC\2001 \Z080106A.DOC :'2 ~;:;;c,g 'I", 'J \J . ..... FROM : DUKE FIELD SERVICES Ff'lX NO. : .3619850866 31 2001 02:45PM P2 Oc!o/-cc;, STATE Of TEXAS COUNTY OF NUECES A DESCRIPTION OF A 0.2112 ACRE TRACT OF LAND our OF LOT 34, BLOCK 1, GARDENDALE NO. 2 RECORDED IN VOLUME 8, PAGE 38, MAP RECORDS, NUECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRffiED AS FOLLOWS: COMMENCING AT THE COMMON CORNER. OF SAID LOT 34 AND LOT 1, ROPER SUBDMSION RECORDED IN VOLUME 13, PAGE 31, MAP RECORDS, NUECES COUNTY, TEXAS, SAID POINT BEING ON TIIE NORTHERLY RIGlIT.QF-WAY LINE OF CURTIS CLARK; -- THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID LOT 34 AND ROPER SUBDMSION, N 28"59'20' E, 151.00 FEET TO A POINT, FOR TIlE POINT OF BEGINNING AND A CORNER OF TInS TRACT; THENCE, CONTINUING ALONG SAID COMMON BOUNDARY LINE, N 28'59'20" E, 119.00 FEET TO A POINT, SAID POINT BEING TIlE COMMON CORNER OF LOT 34 AND LOT 3, SAID BLOCK I, GARDENDALE NO.2, FOR A CORNER OF THIS TRACT; THENCE, ALONG THECOMMON BOUNDARY LINE OF SAID LOT 34 AND LOT 3, S 6}'oo'4O" E, 66.00 fEET TO A POINT, SAID POINT BEING TIfE COMMON CORNER OF LOT 34 AND LOT 33, SAID BLOCK I, GARDENDALE NO.2, FOR A CORNER OF THIS TRACT; THENCE, ALONG THE COMMON BOUNDARY LINE OF LOT 34 AND LOT 33, S 28'5920" W, 179.00 FEET TO A POINT, FOR A CORNER OF THIS TRACT; TIffiNCE, N 61"00'40" W, 66.00 FEET TO TIffi POINT OF BEGINNING. "., :.,.... ." . CONTAINING: 0.2112 ACRES, MORE OF LESS. NOTE: NOT SURVEYED ON TIlE GROUND TAQUERlAJALlSCO.FND3 EXHIBIT A ---.--- 1 r TAQUERIA JAL Isee:> i 1 I . T" = Lor 34 .:. ~ \/ E. ::, ~-;. -,-""~~ -- Il '", '''/ ~~ -l' O,fo I-()t, , - \ , ;< '--- 'D' 5c.c:e:;;:~. , ::';;1-0 G.s , > " > , .j1<'cr-- lI.i ,..... '''-II( !' ._~x. i: !/: I.-J,x " '" >,' > " < x \ SC:ALE. : 1"::40' CURTIS r " ~ ~ d ~ V CLARK DR ONA C DevE:L.oPF-.,tZs ~Al<De:NCAl.-s:. 2) B~o~K NI7~'L"'T34 EXHIBIT B ~,,' , PUBLISHER'S AFFIDAVIT i \,' ;'. 1, ~ " ~, :. \. f.:\'~ '\'" . '- State of Texas County of Nueces } } CITY OF CORPUS CHRISTI ss: Ad # 3938997 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 3RD day(s) of SEPTEMBER. TWO (2 ) Time(s) tr'4 g t?~ ~ ~ .::::r-- ~ ~ \ <d::- <t:- O 8 2:. lD 2001. Credit Customer Service Manager $250.85 Subscribed and sworn to me on the date of SEPTEMBER 04,2001. G? Q12 t1 YmJ1u1,J{m PlY Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. L r,nA--0~+rf>+- Om.No. O;(46Q1 '3,O(t}vt~~#Olqfjq~ 'J.. (Yl-rf1!l ~ Ore!. No, olH6Qfi 4. ~o - tf-Vlt-f5Q1 --'I --_....__.~ ~ C~ ClIIIef-Tunes, Monday, September 3, 2oo1/C13 1'101_ OF plJBl.ie I HEARING TO CONStDER ZONING .APPLICATION(S) OF lHE CITY OF I CORPUS CHRISTI '\ Notice is hereby given in accordance with the law that the City ~ Council of the City of ~ Corpus Chrls.t1 will i conduct a public ~ hearing on Tuesday, september 18, 2001, during a r~gular Council meeting which commences at _ 2:00 p.m. in the City cOuncil' Chambers. City Hall, 1201 Leopard, to consider the following zoning application(s) of which said applications are on file in the Office of the City Secretary and the Department of Planning. At said time and place of hearing, all persons and parties Interested may appear befQre the City Council. T h.e z 0 n i n g application(S) to be considered at the hearing are as follows: . 0801-03, First Baptist Church of Corpus Christi: -R-1A- One. Family Dwelling District to -1-2" Light Industrial District--Located approximately 500 feet south of Kush Lane and approximately 480 feet west of Ocean Drive. . 0801-04. MTM Northwest Inc. and MTM Northwest Ltd.: '-F-R" Farm.Rural District to "S-4" General Business District.-Located on the south side of Northwest Boulevard (FM 624), approximately 800teet weet of County - 69. . . 0901-06. ONAC Developers: -R-1B" One-Family Dwelli~ District to -B-1 lNeighborhOod Business 0 i strlc t-- Lo c ated approximately 125 feet north .of Curtis Clark Drive, . .approximately 165 feet east of Everhart Road. . 0801-07, Emilio Cano: "8-4" General Business District and -A-1" Apartment House District to -R-1 C" One- Family DweIIlng DistricI- \ _Located approximalOly 150 foet . south of Holly Road. approximately 1 SO feet east of Victor Lal'1i Ortegon Street. 5 0801.08, Nueces County community Action Agency: . A-1" Apartment House District to "R-1B" One-\ FamilyowellingOistriet- -loC8ted on the east side of Trey Way la'n8. approximately 900 feet south of Williams Drive. Information may be obtained by call1ng the Planning Department at 880-3560 or visiting Ithe Plannin9 Department at .1201 LeOpaJd Street Is! ArmandO ChOP"' City Sacf8IafY' City of Corp"" C~