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HomeMy WebLinkAbout025055 ORD - 10/22/2002 Page 1 of 3 ' AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE ENCLAVE COUNCIL OF CO-OWNERS, INC., BY CHANGIt-lG THE ZONING MAP IN REFERENCE TO 0.07 ACRE OUT OF LOT 7 -A, BLOCK 6, GARDEN DALE NO. 1 SUBDIVISION (CURRENTLY ZONED "R-1B" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR AN UNENCLOSED PARKING LOT SUBJECT TO A SITE PLAN AND FIVE (5) 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 The Enclave Council of Co-owners, Inc. 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 an unenclosed parking lot on 0.07 acre out of Lot 7-A, Block 6, Gardendale NO.1 Subdivision (currently zoned "R-1 B" One-family Dwelling District), located 375 feet west of South Staples Street, 300 feet of Cain Drive and 275 feet south of Bonner 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. USES: The only use permitted by this Special Permit other than those uses permitted by right in the "R-1 B" One-family Dwelling District is an unenclosed parking lot with ten (10) spaces. 2. PARKING SURFACE: The parking surface of the subject property shall be of an impervious surface to accommodate parked vehicles. 3. ACCESS: Vehicular access to Bonner Street is prohibited from the subject property. IlLEGAL lLAWlLEG-DIRIDoyleDCurtisIMYDOCS\2002\P&ZORD02\Zoning.ordIDOYLEC\2002\Z080205B.Enclave.Co.owners.Ord.SP. PC.doc 02~055 Page 2 of 3 . 4. SCREENING: A standard screening fence with a height of not less than six (6) feet shall be installed and placed along the north, east, and west property lines. 5. 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. 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 22ND day of October, 2002. ATTEST~ Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI ~";I1~ $~ Samuel L Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM11 October, 2002 James R. Bray, Jr. c;~~~ k By: ~ Doyle urtis Senior Assistant City Attorney IlLEGAL lLAWlLEG-DIRIDoyleDCurtisIMYDOCS\2002IP&zORD02IZoning.ordIDOYLEC\20021Z080205B.Enclave. Co.owners. Ord.SP. PC.doc 025055 -~-'_'_'__'""'~_n_~...~_._._.__"_c.'_.",_,~,_,,"__ ~ Page 3 of 3 Corpus C~isti, Texas , f) '1 '\ c~'{N , .iL'o!; ~'ay of ,(tJ;, ), 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. 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 Samuel L Ne ,Jr. Mayor, The City of Corpus Chris' Council Members The above ordinance was passe by the following vote: Brent Chesney Samuel L Neal, Jr. Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott IlLEGAL IlAWlLEG-DIRIDoyleDCurtisIMYDOCS\2002IP&ZORD02\Zoning.ordIDOYLEC\2002\ZOB0205B. Enclave.Co.owners.Ord.SP.PC.doc rJ25055 U./ZU/UZ tKl UO:~~ ~AA JUIYYJZOUJ CD PACESErrBR STEEL REAL III 00: . . t1.1apPing Your '/'4ot\6. __.~"lI'''''''' El"lcI~ 080'). - 0 5 710 IluffllIo SI, Sle. 401 Corpus Christl, TJC 78401 361/111-8044 FlIX' 3&1t8l1-e340 I11IJ.n NOTES DESClUl'TION 0.1TI11C1e6 or 2,969.39 square fe.t ofhmd, out of Lot 7-A, Block 6 of1be GardeDdale No. I Subdi1lisiOll, acconline to lilt plat recorded ill VolWllE27, Pag.:49 oflbe Map Recoxds ofN_County, Texas. Beiog more tiJUy described by umes and boutKla as follows: BEGINNING at a Sl8luch iron rod with cap set for lilt South corner of said Lot 7-A, Block 6 of the 0aId1llldalc No.1 SubdivioiOll, ~ beiq the West =- of Lot 7-B. from ,whiclla stS inc:h iroo rod foUDd for the North comer of Lot ll-A, B1ocl< 6 of the Gardcndale No. 1 SubdivisiOll, accontiu& to th. plat recorded in Volume 49, Page 26 of the Map Records ofNucco> Cowrty, Texas beu!I N 61" 02' 09" w - 33.ISt'eet; THENCE: N 28" 47' 4S" E- 30,00 feet along the Northwest line of said Lot7-B, """'" beingtbe Southeut line of said Lot 1.A, to a ~8 i!Ich iron rod with cap set Co< the East comer of this tract; THENCE; N 61" 02' 09" W _ 98.98 feet alolllJ tbe Northeast line of this tract to a Sill illch iron rod with cap set for the North _ of this tract; . THENCE: S 28" 47' 45' W - !O.OO fuel aloDg tbe Southeast line of Lot 6-B, Block 6 oftheGanieDda1c No.1 Subdivision, aecordiugtothe platrecon1cd in Volume 21, Page 19 of the Map R.eeotds ofNucees County, Tops md same being the North eomer oca called o,s628 a= tract oUt ;,fLot II, Block of.the Gard<'ndale SUbdivisioll, ac:<:ordiDI to the plat n:ccmled in Volume 8, Page 21 of the Map reoonIs ofNlICCC6 County, Texa&, to a 5/8 inc:hiroo rod with cap set for the West COIDC1' oflhis tract; THENCE: S 61" 02' 09" B _ 9S.98 feel along the South line of said Lot 7-A, Block 6 same bci11& tbe Nmtheast liDc of said Lot II, B1ocl< 6 to the PLACE OF BEGINNING md contailIing 0.01 aaes or 2,969.39. squaxe feel orlaDd. This Field Notes Description coJl5\itutes . legal document. and, un1eos it appealS in its euIirety, in its origiDaJ fOrm, iDcludia& plC8JWle, seal and sigDat=, surveyor assumes lID responsibility or liability for its c:omc\Dl:SS. It is str<wgly n:oommcn"od. for 1he COPlinUity of fiJtun: suxwys, that this docwneut be in<wpomted ill al/1\tt1Ire <:<m""yances, wilhqut any rt:VisioM or tk/etiollS. August 5, 2002 wi> 020805.doc. L2 ~ Lk..$i ~ Rex L. .eken RegisteICd PIofCssiOlll1 Land Surveyor Lic:eosc Nund>er S513 EXHIBIT A I - - ri I l~ ' I ' '-'1 ri 1 I J~ i: :1\[ ! !~! l'~!, i~ I I I ~ -lt~ 1 I I. I C^, ~ '"0 ",:,:< ll'- II J . /~?' . )> - "~j I / }c ~~i 1 ~I I" "'\ "'" I I .' J I I Q~ I ~~. !+ 1 Zl I ~\ _ >J I ~ I -I V I ~ I t~~ ~ 1 G)! I, \. ~q~ I I I z. I jII~{1l "'.. I I ~ ('.ij II - ';t> I /1 L _ L IJ_ -'-- --.J _ -L _ ~ Lf-l- -----TI ~ ~ I -f-r-- I: ~ lX. / I c:> 1,1 II I- I I r-- I I . HE Ep<PA,NSION ~ 'Dl j",I.. I .~_~ I +. <:. I?> Icn . f- I ~ ~~"" I ,-, ~ J~ m. " ~/ 0\ I ~ 1\>, ':'.~ I 1-- '\"Jj II I..... I:'- ~ / ~ ,'" '" ""-- 0 lit .s:: -1 ~ "':-. -lJ -;.. II I~ rn ~ ~ ~ -:- L, - - - - - - - I Si; ,I 1"1. ~ " ~ '-I \ L___-' _ -20.2 1m ~ L ~ 1'1\ . -1-" T I ~"~ 1" iT -, - I T I 1 - t I ~. l I~ ~ ~ "\ ~I I I I I I~ -I 10, II' 10 ~ 'I J I 1 V"'l 1 1 "- ; I I I, . I I ~ , ~ r ~~. I. ~ ~ . .~ Z z: ~~_ .il Il'Ct m - ;f~ ~ ~I .... -, 'I I .. '" '" I:l r -, 1 I l--.J I 'nn" '^' C" ,.,n.f'\f'\ I I =t- I .~ \S o ~ ~ t Qi ~ ,~ ~ v{ ~ ~ , ~ ~ -'~ J"--. ~a ~-4 /'- l' ~ ( )> PUBLISHER'S AFFIDAVIT State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI 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 &~ ?tjUuliJO.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of OCTOBER 08. 2002. QUlL\ ~f/A.~ JLcnk' f Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. II DCGlL- o<tJ. No. O~b062- ~. Ro&fl~ rJt'L - ovtt - 0 ~ 60 D3 3. m TI11- Or/&.. O~OSZf If. E vWvOJJ e -orrl1. 0 '1co056 MOnday, October 7,2002 NOTICE OF P HEARING TO CONSIDER ZONING APPLlCATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given 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 al 2:00 p.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning appIication{s) of which said applications are on file in the Office of the City Secretary and the Department of Planning. At said time and ~8 of hearing, all persons and parties interested may appear boIoro lite CIty CqunClJe Th e z 0 n i 'n 9 applicatlon(e) to be considered at the hearing are as to-.: 1. 0802-01, Ralph Dlaz: -R-1.S- One-Family , _ng Districllo '1-2' Light Industrial OistrictLocated on the north side of Marguanta Straet and 200 feet west of 21 st Street ~ 2,' 0802-03, Yolanda RocfrIguaz: 'R-l S' One- Family Dwelling Distrl to ""8-4" General Busines OistrictloCated' on th east side of Everha Road, approximatel 500 feet sduth, 0 Avalon Street. 3. 0802.04. MT Northwest Inc. & M Northwest Lid.: -F-R Farm-Rural District t -8-4- Genera Busines Dlat"rictlocate approximately 550 fee e<ot- y.,rd . or i l , h .:'~ 00 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces \ J } ss: CITY OF CORPUS CHRISTI Ad # 4352405 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, 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 ORDINANCEIS): 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 28TH day(s) of OCTOBER. 2002. Ovt, NO!), ()a505~ OjJ)(j5'0 {j~DD5tf t () ~Ooo / $173.32 bL'~ (fjiuliJO.s~ TWO (2 ) Time(s) Credit Manager Subscribed and sworn to me on the date of OCTOBER 29. 2002. UOa/j YnaJ).I~ ~-< Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. --_.;-_.._.~-- '_U"~" --"'~_~__"H_"___._..__~. OTICE OF"AS~ OF OADINANCE(S): 02 changing e zon"g map in reference to LoM 55, 56, 57 and 58, Block 6, Steele Addition (currently zOned -A- 1 S" One-family Dwelling District) by granting a Special Permit for a parking lot for eiaht (8) heavy '- vohldos, one (1) roll 011 equipment and parking forempfoy88 vehicles subject to a site plan II. ton (10) itions; NO. ch8.nglng the t,g ,map in .........,. 10 'lD! 30, Blocl', Alameda """ S~ frQm 'A- 1 S" One-family ewelling District to -s. i lA" NeighborhoOdl Business District: NO.' 025054, changing thel "I"g map in reference 'to 6.308 ,acres aut of 9.808 acres of the W8It 1A of the..t ~ of lot " 'Section 2, Nueces lnigalion Park, from 'F.I A" Farm-Rural District I to "'8-4" G'8neral, ......... DlotItctt oIId llilj, ~~, changing, '"" JIDOfng map ",1 -_100.07..,.' out 0/ L.ot 7-A, Bll>I* 8,: C).rand.'. No. 1 i Subdfvlaion (CUlTOnlIy ~ zoned oR_l S" One- t family Dwelling District) ! by granting a Special ~ Permit for an r "_,parking lot, I' subject to a site plan I , and five (5) conditions; ,- amend'ing the Comprehensive Plan . to, account for any I . deviations from the existing' Comprehensive Plan. I These ordinances were passed and _ by the CIty CouncIl of the CIty 01 CorpusChrisli on _r 22,2002. "" A"'*'<lo ~ g1y~ CIty 01 Colp'!!.-~ .