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Home My WebLink About025524 ORD - 10/14/2003Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROBERT AND DAHLIA SCHULTE, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 2, MARKAMAY ESTATES, (CURRENTLY ZONED "R-lA" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A SPECIFIC USE PERMIT FOR A BED AND BREAKFAST HOME; 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 Robert and Dahlia Schulte 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, June 18, 2003 and on July 2, 2003, during a meeting of the Planning Commission, and on Tuesday, October 14, 2003, 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. WHEREAS, the City Council has made all requisite affirmative findings as per the Zoning Ordinance Sec. 25A-1.03 and Sec. 25A- 3.03. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council finds, under Sec. 25A-103 of the Zoning Ordinance, that the use will: complement or be compatible with the surrounding uses and community facilities; (2) contribute to, or enhance, or promote the welfare of the area of request and adjacent properties; (3) not substantially affect adversely the uses of adjacent and neighboring property permitted by this ordinance; (4) not be detrimental to the public health, safety, or general welfare; and (5) conform in all other respects to all applicable zoning regulations and standards; H:\LEG-DIR\JOSE PH~ZONING~Z060308A-2 DOC O25524 Page 2 of 4 The City Council also finds, under Sec. 25A-3.03 of the Zoning Ordinance, that in its opinion, as a matter of fact, based on the evidence, the adoption of this ordinance will not substantially affect adversely the use of adjacent and neighboring property permitted by the Zoning Ordinance. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Specific Use Permit for a bed and breakfast home on Lot 2, Markamay Estates, (currently zoned "R-lA" One-family Dwelling District), located on the west side of Ocean Drive, approximately 200 feet south of Hewit Drive, as shown on the attached Exhibit A. SECTION 3. That the Specific Use Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following twelve (8) conditions: 1. USE: This Specific Use Permit allows a bed and breakfast home and limited to the current owners/operators, Robert and Dahlia Schulte. 2. BEDROOMS: The number of bedrooms used for a bed and breakfast shall not exceed five (5) bedrooms. 3. LODGERS: The number of lodgers permitted at any one time shall not exceed ten (10)lodgers. 4. OFF-STREET PARKING: One (1) off-street parking space for each bedroom in the bed and breakfast home and two (2) parking spaces for the residence. 5. HOTEL/MOTEL TAX: Evidence of payment of the hotel/motel tax must be provided upon written request from City official and along with submission of renewal request. 6. MUSIC: Live music containing electric guitars, drum sets, or amplified instruments shall not be permitted. A microphone limited to toasts, announcements, or speeches may be permitted. No amplified sounds of any type shall be permitted after 10:00 p.m. 7. REFUSE RECEPTACLES: Atrash dumpster shall not be permitted on the property. 8. TIME LIMIT: This Specific Use Permit shall be valid for a period of one (1) year from the date of the last City Council action. Renewal of the Specific Use Permit must be made and approved prior to the expiration date. A fee equal to 50 percent of the standard application fee must be paid to the City to offset the cots of advertising. SECTION 4. 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. H:\LEG-DIR\JOSEPH~ONING~060308A 2DOC Page 3 of 4 SECTION 5. 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 6. 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 ?. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 8. 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 9. 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 14th day of October, 2003. ATTEST~ Armando Chapa O,' City Secretary THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor, The City of Corpus*Christi APPROVED ~,-~'c~.- /¢ 2003 By: //'~--~(,- / (r-~,. Josepl"f Hamey Assistant City Attorney For City Attorney H:\LEG-DIR~JOSEPH~ZONING~Z060308A 2DOC Page 4 of 4 Corpus Christi, Texas IL~ay of ~, 2003 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, Samuel L. Neal, Jr. , Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott 0-,4 H:\LEG DIRLIOSEPH~ZONING~Z060308A-2 DOC State 6'{' Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4626606 PO # Before me, the undcrsigned, a Notary Public, this clay 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 Wcbb Counties, and that the publication of, NOTICE OF PUBLIC HEAR1NG TO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Coller-Times Interactive on the 4TH day(s) of AUGUST, 2003. $319.98 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of AUGUST 05, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ~OR~$ CHRISTI law thgt the Council of the Corpus headng on 7u~y~ AuguSt 19, 2003. duHn 1201 Leopa;a, to ~r ~ ~ng ~1~ ~(e) of Wh~h ~M of the CW S~reta~ Planning, At said time he~i~ ~ ~ ~ Yar~rou~: 'R,IB' One-faml~ Dwefl~O District to "B-I~ Neighborhoo~ Buslne$~ Distri0t s~ ~ N~ne R~ State of Texas County of Nueces SS; PUBLISHER'S AFFIDAVI'~IH 2;? ' t,: CITY OF CORPUS CHRISTI Ad # 4703925 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 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 20TH day(s)of OCTOBER, 2003. $76.52 TWO (2 Time(s) Credit Manager Subscribed and sworn to me on the date of OCTOBER 21, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. NO, 0~$524, by changing the zoning (cu?en~y ~ 'R- lA One-Family Breakfast Home; amending the ~sive P~ existing ~ Secma~