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HomeMy WebLinkAbout024642 ORD - 10/23/2001 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLlCA TIQN BY MURRAY BASS, JR., BY CHANGING THE ZONING MAR IN REFERENCE TO LOT 3, BLOCK 36, L1NDALE PARK UNIT 4, (CURRENTLY ZONED "A-1" APARTMENT HOUSE DISTRICT) BY GRANTING A SPECIAL PERMIT FOR AN OFF-SITE PARKING LOT SUBJECT TO A SITE PLAN AND FIVE (5) CONDITIONS; AMENQING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIA TIOI\IS! 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 Murray Bass, Jr., for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 26, 2001, during a meeting of the Planning Commission, and on Tuesday, October 23, 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 an off-site parking lot on Lot 3, Block 36, Lindale Park Unit 4 (currently zoned "A-1" Apartment House District), located on the north side of McCall Street, approximately 120 feet west of Reid Drive. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan, attached as Exhibit A, and the following five (5) conditions: 1. USE: The only use authorized by this Special Permit other than those uses permitted by the "A-1" Apartment House District is an off-site parking lot serving the church located to the south on Lots 1 through 4 and 25 through 29, Block 38, Lindale Park Unit 4. Overnight parking and parking of large commercial trucks (18-wheelers) are prohibited. H:\LEG-DIR\DOYLEDCURTIS\MYDOCS\2001\P&ZORD011Z0NING.ORDlDOYLEC\2001 IZ090101 A.DOC 024642 1 Page 2 of 4 2, SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed along the north and west property lines. The standard screening fence must be tapered down to a height not to exceed three (3) feet for that part of the fence within ten (10) feet of the McCall Street right-of-way line. The screening fence must be installed within one year from the date of this ordinance. 3. LIGHTING: All lighting on the property must be directional lighting and must be directed away from surrounding residential properties. 4. LANDSCAPING: Landscaping must comply with the Landscape Regulations as if the property were zoned a "B-1" Neighborhood Business District. In addition to the required landscaping by the Landscape Regulations, a canopy tree with a height of not less than six (6) feet must be located every fifty (50) feet on center along the McCall Street frontage, 5. 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. H:ILEG-DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORDOl IZONING.ORDlDOYLEC\20011Z0901 01A.DOC '---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 23rd day of October, 2001, ATTEST:(~ V ' Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI ~~ .4. _~;? Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM October 12, 2001 By: rtis sistant City Attorney H:\LEG-DIR\DOYLEDCURTIS\MYDOCS\2001\P&ZORD01\ZONING.ORDlDOYLEC\2001\Z090101 ADOC ~ . Page 4 of 4 corpus~isti, Texas J~daYOf~~01 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, A/~~~ ~~~Kf' s1imuel L. Neal, r. Mayor, The City of Corpus Christi Council Members The above ordinance was passe y the following vote: Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola H:ILEG-DIRIDOYLEDCURTISIMYDOCS\2001IP&lORD011Z0NING.ORDlDOYLEC\2001 IZ090101 A.DOC 024B42 [' 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 816A, 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 comer of the tract herein described and westernmost comer 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 comer of the tract herein described and of said Lot 66; THENCE S31 007' 40"E along said southwest right-of-way line of Topeka Street, at 125.04' pass the eastern comer 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 comer 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 comer 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 comer of said Lot 66, in all a distance of 153,04', more or less, to the POINT OF BEGINNING. H ,\PLN-D IR \ERMA \ WORDlM&B\050 I -0 I METES&BOUNDSDOC . "or -,~)"'~..~t:k' I" "'ll~l f:... rIJ...\\ll'l...I' I '- ~;'lr-\' "I.... u.... PUBLISHER'S AFFIDAVIT 01 OCT 12 PM I: 06 State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 3971082 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 8TH day(s) of OCTOBER, 2001. TWO (2 ) Time(s) Ovrt. No, Ol~~4~ (/ ,."4[ g t'~ Credit C&Xr Service Manager $134,72 Subscribed and sworn to me on the date of OCTOBER 09,2001. 61/,11)4 ~ ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05, Corpus Christi Caller-Times, Monday, October 8, 20011D7 'NOT1CI! OFPUIlUC HEARING TO CONSIOER ZONING APPLICATION/S) OF THE CITY OF CORPUS CHRISTI Notfce is horeby I!fven '" accordance with the law that the City Council 0.' the City of Corpus Christi will conduct a pUblic hearing on TUeeday, October' 23. 2001, ~urjng. a regular ,~ moellng which .....cos at 2:00 .p!IIi, in tho City Counoll Ohombers, City HoII, 1201 Leopard, to ~ tha following ZO<lIng appllOation(a) tiI - asid applladOna 8re on file in the 0fI0e of the City SOllI'&IIIIy and tho Department of Planning. At aakf ....' and pIoce of hooIInO. all P'&rIOns and pa/hO ___ may_ -.1I1e City CCUnoII, T-he. z.onlng "PPHoation(s) 10 be conaidered at the heMna are as follows: 1. O.cf1-01~ Murray Bass Jr.: .A~l. Apartment House District to ,"8-1" Neighborhood Business Dlstrict- located 'on the north sida of Mccan SlnIat, approximalaly 120 faet west of Reid Drive. I Information may be I obtain8d by calliflQ.,. I Planning O"P<\l1lllin1 ' at 880-3560 or Wtslting ;.r-hs_" Planni.ng " =';s:.- 120' '"'-~ Cltyof~~ 1"- l' . C\"-, ~INf,I.Ct. (}[P/.\R1Mc ,\ ' . n\l ....3' 0\ "O'J -5 HI'" State of Texas } County of Nueces } /t.) PUBLISHER'S AFFIDAVlt CITY OF CORPUS CHRISTI' Ad # 3991783 PO # ss: 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 NO, 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 29TH Ov&,No. ol~~CfL day(s) of OCTOBER, 2001. ~ ChristiC~_-TImes,Monday, ~ober 29, ~1~ ~ ~~r' e(s) '4 g t?an..t- NO.1lI4$l2 chInaIno --a.- tho "'9 mllp:Olii '~k~ L~d 1,,01 : , Credit Customer Service Manager 'unIt4~" ." aA_1. Subscribed and sworn to me on the date of OCTOBER 30,2001. ~ Q2f1 '/nafU/l J0u-<---- Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05, '---~_^,,"""F"'.'" 11 T II ,v " , / ,/ /