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HomeMy WebLinkAbout025052 ORD - 10/22/2002 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RALPH DIAZ, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 55, 56, 57 AND 58, BLOCK 6, STEELE ADDITION, (CURRENTLY ZONED "R-1B" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A PARKING LOT FOR EIGHT (8) HEAVY LOAD VEHICLES, ONE (1) ROLL OFF EQUIPMENT AND PARKING FOR EMPLOYEE VEHICLES SUBJECT TO A SITE PLAN AND TEN (10) 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 Ralph Diaz, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 28,2002, during a meeting of the Planning Commission, and on Tuesday, October 22,2002, 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 for eight (8) heavy load vehicles, one (1) roll off equipment and parking for employee vehicles on Lots 55,56, 57 and 58, Block 6,Steele Addition, (currently zoned "R-1 B" One-family Dwelling District), located on the north side of Marguerite Street and 200 feet west of 21st Street. 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 ten (10) conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by right in the "R-1 BOO One-family Dwelling District is a parking lot for eight (8) heavy load vehicles, one (1) roll off equipment and parking for employee vehicles. 2. PARKING SURFACE: The parking surface of the subject property shall be of an impervious surface to accommodate the heavy load vehicles, roll off equipment and employee vehicles. IlLEGAL \LAW\LEG-DIR\DOYleDCurtiS\MYDOCS\2002\P&ZORD02\Zoning.ordID<jJ~~~201 B.RalpDiaz. CCDispos.Ord.SP. PC.doc -"-"''''''''''~'.~---~'T"'''-' 'U.O., u_ Page 2 of 4 3. SERVICE OF VEHICLES: No washing or repairing of heavy load vehicles or roll off equipment shall occur on site. All heavy load vehicles and the roll off equipment must be washed off-site before parking in the parking lot. 4. ACCESS: Vehicular access to Marguerite Street is prohibited along Lots 55, 56, 57 and 58, Block 6, Steele Addition. 5. SCREENING: A standard screening fence with a height of not less than six (6) feet shall be installed and setback seven (7) feet from the south property line adjacent to Marguerite Street and place along the east and west property lines. A four- (4) foot wide pedestrian gate is allowed within the fence area to the south and adjacent to Marguerite Street. 6. LANDSCAPING: Oleanders every ten (10) foot on center shall be required within the seven (7) foot setback area of the south property line along Marguerite Street. All plant material must be irrigated by a soaker hose drip irrigation system and maintained in a healthy growing condition. 7. HOURS OF OPERATION: Hours of operation shall be limited to the hours between 6:00 a.m. and 7:00 p.m. 8. LIGHTING: If lighting is installed, the lighting shall be directed away from the residential neighborhood. 9. INTERCOM: Loudspeakers or intercom systems are prohibited. 10. TIME LIMIT: The 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 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, 1937, 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. IlLEGAL llAWlLEG-DIRIDoyleDCurtlsIMYDOCS\2002IP&ZORD02IZoning.ordIDOYLEC\20021Z080201 B. RaipDlaz.CCDispos. Ord .SP.PC.doc Page 3 of 4 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. 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 22ndday of October, 2002. ATTEST~.~ Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI ~Ul~ ~ Samuel Leal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM By: urtis sistant City Attorney IlLEGAL lLAWlLEG.DIRIDoyleDCurtis\MYDOCS\2002IP&ZORD02\Zoning.ord\DOYLEC\2002\Z080201 B.RalpDiaz.CCDispos.Ord.SP. PC.doc Page 4 of 4 Corpus Christi, Texas (j '1r~ f'x} ^ ~, l\' ~ day of (\,{':V><tlQ)~2002 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. lIwe, 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, Respectfu lIy, Samuel Leal, Jr. Mayor, The City of Corp Council Members The above ordinance was passe Brent Chesney Samuel L Neal, Jr. Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott , IlLEGAL lLAWlLEG-DIRlDoyleDCurtisIMYDOCS\20021P&ZORD02IZoning.ordIDOYLEC\20021Z080201 B.RalpDiaz.CCDispos.Ord.SP .PC.doc 025052 .'-'''' --.~,'~--._.,-- , . rz -, f7 -'- , f'.. ~2 02-59 AM AUG-23-~ . P.01 PRO.DESIGN.SV$" fl~tf~fl -- '---=-1/11- _v~~t IIIN) , 'tIN I~&_ ! /. 4& ,- .L1- - .t ..~ I ! ----:-- . , , (~) 14-",'1-'7 ~ ~ , '~ '.y\ .~ E~~ --2" , . t#.f ~ ~p1 ~(p I I II '~fl?~... -'J;fN\?~~N~_ ~ rfi~J C otJ ;l-()/ EXHIBIT A r PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } \ J CITY OF CORPUS CHRISTI ss: Ad # 4331838 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit 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 7TH day(s) of OCTOBER. 2002. $225.61 bLCUl.a.- (fj Uu~.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of OCTOBER 08.2002. ~txJLA tnn f)A ~ Junk' f Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public ) My commission expires on 04/23/05. 1\ DIQ- o~. No. Ol--fJ062- 'J. Rocir,~ 1Jt7-~ ovti- {) ~ 606'3 3. (Yl TI11. - 0 vfl. Om057 t+. tVLJ(}Jjt-O~. O~ff05$ MOnday, October 7,2002 NOTICE OF P HEARING TO CONSIDER ZONING j APPLlCATION(S) OFj, THE CITY OF CORPUS CHRISTI I Notice is hereby ~iven in . accordance With the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday, October 22. 2002. during a regular 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 6Ie 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 ~theClty~, The z'oning applicatlon(s} to be considered at the hearing ara .. follows: 1. OllQ2-o1, Ralph DIaz: "R.!W One-Family . DwtiIing Dii.tJicl "'"1-2" Light Induatrial DistrictLocatecl on the north sld. of Marguerite Street and 200 leet west of 21 st S_ 2. 0802.03, Yolanda Aodolguu: "R-l B" On.. FamIlY Dwelling Distri to ."8-4- General Busines QlalrictLocated on east side of Evetha Road. approximate' 500 feet south 0 Avalon Street 3. 0802.04, MT Northwest Inc. & M Northwest Ltd.: 'F-R Farm-Rural District t -8-4- Genera Bustoe', Dia'lrl ctLoca te approximatel 550 fee <Jt~. 01 , 00 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 4352405 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit 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 ORDlNANCE(S): which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the CalleJ'-Times Interactive on the 28TH day(s) of OCTOBER, 2002. ovt, N05, OPSOfS;(/ OJ./5th~ O~f)054- i O~05o / $173.32 bLCULC1..- (fj tM.liJO.s~ Credit Manager TWO (2) Time(s) Subscribed and sworn to me on the date of OCTOBER 29,2002. Qo.aa YntJ/l/4 ~A Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ,_....._- -"--~.~ ....._.,._..~_. ._- ._-_._--. .".._-~ ..- - _. ...__..... '._'- -"..." OTICE bF"A$~ OF ORDINANCE(S): 02 changing I the zOOlng map in I reference to lots 55. 56, 57 and 58, Block 6, Steele Addition (currently zoned "R- 1 S" One-family Dwelling District) by granting a Special Permit for a parking Jot tor eight (8) heovy Iood vohicles, one (1) roll off equipment and parking for ,employee vehicJes _subject to a site plan .... ton (10) c' Itions; NO. ch8nging tho z _g, map In .........,. IoLat 30, BIoc~ e, Alameda Patlc Su~ from 'R. 1 S" One-family Dwelling District to "8-1 lA" rieighborhoodl Business District; NO.' 025054, changing thel nlng map in ,o'orancato 6.308 acres out of 9.808 acres of the west lh of the'8Ut:J4 of Lot 1. : Section 2, ,Nueces IrrigotIon Porl<. from 'F.I R" Farm-Rural District' to "8-4" General' '~I me Zing map in!; I rot"'onco 10 0.07 ..".' out Of lot 7-A, II!Ol* e, ! , Gardendafe "No.1,' ~ Subdlvfslon (curr~ j zoned "R-la" One- 'I family Dwelling District) \. by granting a Special (Permit for an , unenclosed, perking lot ! subject to a site plan! ,. and fjve (5) conditions; I amend'ing the COmprehensive Plan , to, aCCOUnt for, any! . deviations from the e xis tin QI'. Comprehensive Plan., These ordinances were passed and opprovod by tho City Council of the CIIy of Corpus ,Christi on _r22,2002. It/ Annando Chops CitySiM:nll8ry City of Corp!!!.Q>.ritIi -