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HomeMy WebLinkAbout026037 ORD - 11/16/2004 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY WH & BH, L TO, AND WM. H. HOLMES, JR. BY CHANGING THE ZONING MAP IN REFERENCE TO BROADMOOR PARK NO. 2 EXTENSION, BLOCK C, LOTS 6 AND 7, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "R-1B" ONE-FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT SUBJECT TO 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 ofWH & BH, Ltd. and WM. H. Holmes, Jr. 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, October 6, 2004, during a meeting of the Planning Commission, and on Tuesday, November 16, 2004, 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 accessory parking, subject to six (6) conditions, on Broadmoor Park NO.2 Extension, Block C, Lots 6 and 7, currently zoned "R-1 B" One-family Dwelling District located east of Sarita Street and north of South Port Avenue. (Map 047042) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following six (6) conditions: 1. USE: The only use authorized by this Special Permit, other than the basic uses permitted by right in a "R-1 B" One-family Dwelling District, is a parking lot associated to the grocery store use only. 2. OUTSIDE STORAGE: Outside storage of grocery containers, cargo trailers, and other items is not permitted. H :\LEG-DI R\Joseph\Zoning-04 \ 1 004-05Specialr. doc n2f;fD7 Page 2 of 4 3. SCREENING: The existing wood standard screening fence with a height of not less than six (6) feet must be maintained along the northeast property line. 4. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from surrounding residences and adjacent public right-of-way. 5. LANDSCAPING: A landscape strip not less that ten (10) feet along Sarita Street on Lot 7 is required. Additionally, Lots 6 and 7 are to comply with the landscaping regulations of the "B-1" Neighborhood Business District. 6. TIME LIMIT: This Special Permit shall be deemed to have expired within one (1) 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 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, 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 B. 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 16th day of November, 2004. H :\LEG-DI R\Joseph\Zoning'04\ 1 004-05Specialr.doc ATTEST:~ 'I Armando Chapa City Secretary APPROVED II,. u<'.......~, / / /1--.L (i-- Joseph Hartley I>] Assistant City Attorney For City Attorney 2004 Samuel L. eal, Jr. Mayor, The City of Corpus Christi H :\LEG-DI R\Joseph\Zoning-04 \ 1 004-05Specialr.doc Page 3 of 4 Page 4 of 4 Corpus Christi, Texas It? -fr-.- day of 7l1J~~1, 2004 , 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, ~f4~ Samuel L. eal, Jr. Mayor, The City of Corpus Council Members The above ordinance was passed by the following vote: Melody Cooper Henry Garrett William Kelly Chf ({If ~ D.0, Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero OLU: o Rex A. Kinnison c~( L'k..;' IJ Mark Scott o~ ('12- Jesse Noyola H :\LEG-DI R\Joseph\Zon ing-04 \ 1 004-05Specialr.doc ()~h(n7 ~ ,;iI>.t\CE. Dt.I'~Hi Mt i; . B ~t\\I\ 39 State of Tex&4 NOV - ) County of Nueces ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5042172 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 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 1ST day(s) of NOVEMBER, 2004. $281.75 bL'CULCL ?tj 0uliJO.s~ TWO (2 ) Time(s) Credit Manager Subscribed and sworn to me on the date of NOVEMBER 02. 2004. (/i?WlL'tJ")(lj1dJl.,~4lo2c:<_) Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. : ~. D8ICorpus Christi Caller-Times, Monday, November 1,2004 NOTICE OF PUBLli} HEARING TO CONSIDER ZONING APPLlCATION(S) OF I THE CI,f OF CORPUS CHRISTI . Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi wilt conduct a public hearing on Tuesday, November 16, 2004, during a regular Council meeting which commences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, 10 consider the following zoning applicalion(s) of which said application(s) 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 before the City Council. The zoning application(s) to be considered at the hearing are as follows: 1. 0804-04. JJS&A Limited One Partnership (Jack Tucker, Limited Partner): "B-4' General Business District to . A- lA" Apartment House District with a PUD-2 "Planned Unit Development - Locatec 130 feet west of Sout~ Staples Street and 42E feet south of Yorktown Road. 2. 1004-01 Henry Tucker: "F-R': Farm-Rural District and "R-l Bn One-family Dwelling District to lOR- 1 S' One-family Dwelling District - Located east of Rood Field Road, north of Slough Roa"~.! and south of County Road 26-A (Brooks Road). 3. 1004-02, Atascosa Land and Cattle, L TO: "R-1B' One-family Dwelling District to 'B- 1" Neighborhood Business District - Located north of Saratoga Boulevard and 1 ,2QO feet east of Airline Road. 4. 1004- 03, Esperanza Garza! Gait Seal: "A-1B" One- family Dwelling District and "AS" Professional Office District to "S-l" Neighborhood Business District - Located east of Everhart Road and south of Avalon Street. 5. 1004-05, WH & BH Ltd., Wm. H. Holms Jr.~ 'R-18" One-family Dwelling District to "B- 4" General Business District - Located east of Everhart Road and south of Avalon Street. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. Is! Armando Chapa . City Secretary Cltv of Corpus Christi i ..~\ ,~__\; '1. , .'- ~.'\;~ pt i\ l \I~" ' , .',I}\hCt. v.... f"'o 1 ,,\ \\CW?q M~ 9: 3; s ta(l!. l'l'f"Te'Xas County of Nueces PUBLISHER'S AFFIDAVIT ss: CITY OF CORPUS CHRISTI Ad # 5060197 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, 'I Brooks, Duval, ,Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Nueces, Refugio, San Patricio, Victoria and Webb Counties, and th publication of, NOTICE OF PASSAGE OF ORDINANCES which the annexe a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 22ND day(s) of NOVEMBER, 2004. $276.25 bL'CiJlt;L (jj Uu~-5~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of NOVEMBER 23, 2004. (30;2('), YnfJatlt -d{~4~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. .. .~v. November 22. 2004.CAll 1 CE OF PASSAGE OF ORDINANCES O. 026033, Amendtng the Zoning Ordinance, upon application by JJS&A limited One Partnership (Jack Tucker, Limited I Partner) by changing I' i the zoning map in reference to 8.08 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Stction 6, Lots 23 and 24, from -8-4" General Business District to -A- lA" Apartment House District with a PUO-2 Planned Unit Development Di8Irict; NO. 026034, amonclng the Zoning Ordinance, upon application by Henry Tucker -by changing the zonklg map In reference - to 153.51 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26. Lota 16, 17, 16, 19,26, 29, 30, and 31, from 'F, R" Farm Rural DiItrict and 'R-1B" One-family Dwelling District to "RoO 18" One-family Dwelling Diatr1ct; N0. 026035, amanding lI1e Zoning Ordinance, upon application by Atascoaa land and Cattle, Ltd. by changing tha zonlng map in reference to Bass Subdivision, Block 26, Tract N, and a portion of Tract M, from "R-1 S" One- famity Dwelling Di8trtct to "8-1" Nelghtortlood Bueiness D18IrIct; NO. 02ll036, a~ lI1e Zoning Ordinance, upon application by E"I'BrBnza Gaora and GIIiI SaaJ by ctIangIng the zoning map in . -.ce to __ : POlk, Block 6, loti 1, 2, and 36, from 'R~1B' One-family 0we1l':N Dletriet and . AI Professional Office Dletrlct to "8-1" Neighborhood ..,... 01-, _ No. 02ll037,......... the Zoning Ol"Clnance, upon appl- by WH & BH, L.Id., and Wm. H. Holmea, Jr. '" \ changing tile zoning , I'nIlP In reference to I -, P... No. a I 1!llIonaIon, B_ C, loti 6 and 7 _ '111- I B' Ona-f.mily' ~ing DlstriOlto "'" : 1." One.f.mlly, Dwelfing District with . Sj>ecial Pann;; ~ to ofx (6) 00'-'; amending the Comprehenslv8 PI8n to account for any deviations from the exIsting Comprehenetve Plan: These ordinances were passed and approved by the City Council of the City of Corpus Christian November 16, 2004. Is! Annando Chapa City SeaaIBJy r./tv nf r.nlnt'A t"':hnootl -..