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Home My WebLink About026191 ORD - 03/29/2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KIKO'S RESTAURANT BY CHANGING THE ZONING MAP IN REFERENCE TO THE GARDEN DALE SUBDIVISION, BLOCK 3, LOTS 3 AND 18 (LOT 3- CURRENTLY ZONED "R-1B"/SP ONE-FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT AND LOT 18- CURRENTLY ZONED "AB" PROFESSIONAL OFFICE DISTRICT) BY GRANTING "AB" PROFESSIONAL OFFICE DISTRICT ON LOT 3 WITH A SPECIAL PERMIT FOR A BANQUET HALL AND PARKING LOT SUBJECT TO EIGHT (8) CONDITIONS AND BY GRANTING A SPECIAL PERMIT WITH THE SAME CONDITIONS ON LOT 18; 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 Kiko's Restaurant 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, February 23, 2005, during a meeting of the Planning Commission, and on Tuesday, March 29, 2005 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 "AB" Professional Office District on Block 3, Lot 3, with a special permit for a banquet hall and parking lot and the same special permit for a banquet hall and parking lot on Block 3, Lot 18, in Gardendale Subdivision, (Lot 3- currently zoned "R-1 B"/SP One-family Dwelling District with a Special Permit and Lot 18- currently zoned "AB" Professional Office District), located east of Everhart Road, north of Cain Drive and south of Bonner Drive. (Map 044036) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following eight (8) conditions: 1. USE: The only use authorized by this Special Permit other than the basic "AB" Professional Office District uses in Gardendale Subdivision, Block 3, Lots 3 and 18, is an expansion to the existing restaurant as a banquet hall and a parking lot to serve the existing restaurant and proposed banquet hall. 02fl191 Page 2 of 4 2. SETBACK: A 25 foot minimum building setback and parking setback along the front lot lines of the subject properties shall be maintained, except one driveway per lot may be permitted within the setback area. 3. SCREENING: A six (6) foot tall solid screening fence shall be maintained along the east boundary line of the subject property. The screening fence must be setback a minimum of 25 feet from the Bonner Drive right-of-way and Cain Drive right-of-way. 4, LIGHTING: All lighting on the property must be shielded and directional lighting and shall be directed away from the single-family residential area. 5. TRASH RECEPTICLE: Placement of trash receptacle must not be closer than 50 feet from the east property line of the subject property and shall not be within the front setback area. Screening of the trash receptacle with a six (6) foot solid fence is required. 6. GREASE TRAPS: Placement of any new or relocated grease trap shall not be closer than 100 feet from the east (rear) property line nor closer than 75 feet from the north and south (front) property lot lines, 7. LANDSCAPING: In addition to complying with the Landscape Ordinance, a minimum of four (4) 5-inch minimum caliper mesquite trees must be located within the 25' front yard setback areas of the subject property. 8, TIME LIMIT: The 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. 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. H :\LEG-DIR\Joseph\Zoning-05\0205-02Special.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 29th day of March, 2005. ATTEST: ~~ Armando Chapa City Secretary APPROVED 11/ ~ Z-~ 2005 Joseph ~ 4--0 Assistant City Attorney For City Attorney ~ THE CITY OF CORPUS CHRISTI ~a~L~.~ Mayor, The City of Corpus Christi EFFE~TIV~ DATE ~I y/uS H:\LEG-DIR\Joseph\Zoning-05\0205-02Special.doc Page 4 of 4 Corpus Christi, Texas ,'h. l\ I ,,' I dayof! "G--'--h.....,2005 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, IIwe, 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, 4-4: ~ 6i 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. CLf Brent Chesney , 'I I C, f Melody Cooper ~ LiLlI.... .,' "j ( (:A )'_ C.V~l- Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison { (;i..'rL ., (L~f- l4t-- Jesse Noyola Mark Scott H :\LEG-DI R\Joseph\Zoning-05\0205-02Speclal. doc 02f1191 FINANCE OEf't\R1MEHl PUBLISHER'S AFFIDAVIT 05 MAR 21 AM 8: ~ ~ State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5149773 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 14TH day(s) of MARCH, 2005, $270,31 bL'tl.IW..- Cij UutiJO.s~ TWO (2 ) Time(s) SENIOR COLLECTOR Subscribed and sworn to me on the date of MARCH 15, 2005, G014 ~'dW7h~ - Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Mo'11Ct! OF PUIlUC HEARING TO CONSIDER ZONING APPUCAnON(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 Christl will conduct a public hearing on Tuesday, March 29, 2005 during a regular Council meeting which commences at 10:00 8.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning appllcallon(s) of which said applicationCs) are on file In the Office of the CIly Secr.tary and 111. Department of Plennlng. At said time end pi8ce of hearing, all persons and parties InIoIj>SIOd may appear befOre 111. CIly Council. The zoning appllcatlon(s) to be considered at the hearing is as follows: 1. 0205-01, Advanced Housing Alternatlv.. Corporation: "R-2" Multiple Dwelling District to "A-2" Apartment House District. Located along the southeast comer 01 Mueller Street and Erwin Avenue. 2. 0205-02, Kika'. R....urant: "R-1B"! SP One-family ~Iing District and "AB" Professional Office District to "B-1" Neighborhood Business District - Located east of ,Everhart Road aod . north of Cain Drive and I south of Bonner Drive. . 0205-03, Steven Krol: "R-1S" One- family Dwelling District to "8-1" Neighborhood Business District - Located along the northeast corner of Everhart Road and Harry Street. . 0205-04, BL Real Eatate Holding ~ny, LP: From "R-1C. One-family Dwelling District to "B- ,~: Bayfront BUt:\iness District on Tract 1 and from 'R-1C" One- family Dwelling District to "AT" Apartment- Tourist District on Tract 2. nformatlon may be obtained by calling or visiting the Department of Development Services, Planning Section .t (361) 828' 3560, 2406 Leopard _. Is/ Armando Chapa City Secretary City of Corcus Christi F'i;::":-:~'.. L-'td\ I' ,,__.1' 05 APR -8 ~l\ 8: 40 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5168561 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 SENIOR COLLECTOR 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 ORDINANCES: 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 4TH day(s) of APRIL, 2005, $284,86 .6L'~ (fjtM.~.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of APRIL 05, 2005. (~% Q.:la 1rYlJ /)~ 4 Jc ~~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05,