The URL can be used to link to this page

Home My WebLink About026193 ORD - 03/29/2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BL HOLDING COMPANY BY CHANGING THE ZONING MAP IN REFERENCE TO THE TYLER SUBDIVISION, BLOCK 1, LOTS 2 AND 12 REFERRED TO AS TRACT 1, AND TYLER SUBDIVISION, BLOCK 2, TRACT C REFERRED TO AS TRACT 2, (CURRENTLY ZONED "R-1C" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR AN EVENT CENTER SUBJECT TO EIGHT (8) CONDITIONS AND A SITE PLAN FOR TRACT 1 AND BY CHANGING THE ZONING ON TRACT 2 FROM "R-1C" ONE-FAMILY DWELLING DISTRICT TO "AT" APARTMENT TOURIST; 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 conceming the application of BL Holding Company 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 changing the zoning on the Tyler Subdivision, Block 1, Lots 2 and 12 referred to as Tract 1, and Tyler Subdivision, Block 2, Tract C, referred to as Tract 2, (both currently zoned "R-1 C" One-family Dwelling District by granting a special permit for an event center subject to a site plan and eight (8) conditions for Tract 1 and by changing the zoning on Tract 2 from "R-1 C" One-family Dwelling District to "AT" Apartment Tourist District; located east of Laguna Shores Road and north of Wyndale Drive and Claudia Street, as shown on the attached Exhibit of the Tract 1 Site Plan. (Map 036026) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following eight (8) conditions and site plan: 026193 Page 2 of 4 TRACT 1: 1. USE: The only use authorized by this Special Permit other than the basic "R-1 C" One-family Dwelling District uses in the Tyler Subdivision, Lots 1 & 12, is an accessory event center/banquet hall to the existing restaurant and marina located across Wyndale Drive and parking to serve the proposed banquet hall and the existing restaurant and marina. Preparation of food is not permitted inside the event center. A warming kitchen and outdoor food preparation by vendors are acceptable. 2 HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00 PM on Sunday through Thursday and 6:00 AM until 11 :00 PM on Fridays and Saturdays. 3. SETBACK: A 20 foot minimum building and parking setback along Wyndale Drive and Claudia Drive shall be maintained, no driveway is permitted within the setback area along Wyndale Drive. 4. SCREENING/ NOISE ATTENUATION: Solid masonry walls with a minimum of eight feet in height to serve as visual and sound barriers shall be maintained along all perimeters where the proposed banquet hall is adjacent to residential uses. A continuous oleander screen shall be provided within the Claudia Street setback. The walls must be covered with evergreen vines within two years of the date of this ordinance. The walls must be setback a minimum of 20 feet from the adjacent street rights-of-way. Live entertainment and/or disc jockey music will require the garage doors of the event center to be closed. 5 LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 6. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. 7. LANDSCAPING: In addition to complying fully with the landscape requirements of the Zoning Ordinance, a minimum of four palm trees with a minimum of seven foot trunk height on minimum 20 foot on center spacing must be located within the 20 foot setback areas of the subject property. 8. TIME LIMIT: The Special Permit shall expire within one year from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit. TRACT 2: Approval of the "AT" ApartmentTourist District. H.ILEG-DIR\JosephlZoning-OS\020S-04Special.doc Page 3 of 4 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 29th day of March, 2005. ATTE~ Armando Chapa City Secretary THE TY OF CORPUS CHRISTI Samuel L. eal, Jr. Mayor, The City of Corpus Christi APPROVED 2.. <{ 2005 Joseph H rney Assistant City Attorne For City Attorney EFFECTIVE DATE '-//Llft-is' H.\LEG-DIR\JosephlZoning-OS\020S-04Speclal.doc Page 4 of 4 Corpus Christi, Texas , *fL day oflV.L-..< "- , 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, Respectfu lIy, _d.u~ ~ " Samuel L. Neal, Jr. ' Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett (t,.i } , U"X c"lL+t.1 ,~ ( Ji...t..y i""-, ( ~.{..y, Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper William Kelly l ~C)I.." Rex A. Kinnison ( ).<-r- ()~ L)'- (.{.\... \'---" I ,J Jesse Noyola Mark Scott H.\LEG-DIR\JosephlZoning-OS\020S-04Special. doc 02filg~~ 11AR,lr,2005 15:46 FROM: YOOi:! ,09 <MUG ap:opuAM TO: 98803239 ~ , ',I, , lf1 ~"~"" <<.L W~""M ~:~;~u,,~ I fi , " ~ 9 '" . .. .... ~; egg. o __ ~ .; .::;; . . ~ ~ ;;; ~ iB~ t ~'~ ... 'j: ~ /"''-,,\ ',--'1 , , k__:l 'tL.J . . ~~ .- o 01):2 -~. . 0 . ... ; E ~ .f.g 0_> ~J! ! ~:::::"2 - E - .. , ~ C5 E-: "'C --~ - "~ e. " ~ .. I .u.,U'.:! t '" c: " .;: '" :! I ~ ..... OJ ..::: Ol .... c: 'c: <1J 0- ~f "0 u V'I c: .... 0 ~"$ ~ c: 0 ~ii }: <1J LJ"\ ~- V'I dj ""- e! ~"I &:: ~ j -s :J ~'j ~ ~I "'" . 1\ ~ ~ i! _ 9., 0 ~ ':;'05 is ';; I . ~ ~ ;: I ---- , " , 'T'" ~()~~(~ ~ - - :;: ~- U .O-.Ot .o-.Ol .a-.o" MO~.OS a^!JO 1?!pn1?1:) ~ " .. ~ " ." - ~'l"dO" I , , 8~ . 0 ~~ 01'0 J ~ ti 0 ~- ~ . ."" sg jf~ - 0 ~5 :S 'j e ~. ~g 1___; I !I ~I I I .O-.O\,l I I I ~ 0 .. . I~ ~ I ] ~ ~ IJ e ~ 0 , 0 ,:; I ;~ung ",d!'~~~!', pUt ~1l.0U1Pllnll ,oz .~ ( :;;~ :< ~ g'& .- Q " ~ j~ ~ .. :l:::;l ~-~ ".) .~.L ,1,'.:,11 .,--"Ii- ':_,,1: n ~ C.-I () () . = - . '.,lg :J u 0 , 0 ~o -' ~ ~ ~ ;-~~~ ~ ~ ~ ~ Q en ... a ~~-s ..- ~- ~~.~ -= ,'= ,. 0 ~ g:J ~:.~ _"Z ~ ~ '" sr'" ........0 '-!= l ~~;= <11)..... ",:i ~ ~\ I lilJJn9~i!; TO"" '",...., ()() () () () - --ill- - -- .un 'u;.o" .o-o( P,2/2 -t 'g (,. I~I 11' I I~ I J, Qfi ~ \ ~ o , If) -0 ~ .0 :~~! ~ ou. S . - ' ,.-' , ,V'1:,(, III FINANCE OEf',\R1MEN1 PUBLISHER'S AFFIDAVIT 05 MAR 21 AM 8: 44 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 -6L'ClflL;L ctj Uuo-JO-5~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of MARCH 15,2005, GO.24 ~.~) " - Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05, .,--,- N6'nte OF PllllUC HEARING TO CONSIDER ZONING APPUCATION(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 wilt conduct a public hearing on Tuesday, March 29, 2005 durl~ a regular Council meeting which commences at 10:00 a.m. in the City Council Chambers, City Hell, 1201 Leopard, 10 consider the following zoning appllcatlon(s) of which said application(s) are on me In the Office of the City Socfetory and the Department of Planning, At said Ume lI/ld p1ilce 01 hearing, aH persons and parties ~ mayewee, _the City Council. The zoning applicatlon(s) to be considered at the hearing is as follows: 1. 0205-01, Advanced Houllng Alternatives Corporation: "R-2" Multiple Dwelling District to "A-2" Apartment House District - Located along the southeast comer of Mueller Street and Erwin Avenue. 2. 0205-02, Kika'. R....urant: "R-1B"f SP One-family Dwetling District and "AS" Professional Office District to "B-1" Neighborhood Business District . Located east of .I;:verhart Road and > . , north of Cain Drive and I south of Bonner Drive. . 0205-03, Steven Krol: "A-tB" One- lemily Dwelling Dlot"cl to. -EJ..1" Neighborhood Business District - Located along the northeast corner of Everhart Road and Ha~t. . I BL R..I Eet.te Holding Ci>nIpony, LP: From "R.1C- One-family DweHing District to "B. 2:- Bayfront Business District on Tract 1 and from 'R-1 C" One- family Dwelling District to 'AT" Apartment- i ~~urist District on Tract,' nformation may be obtained by calling orl visltinathe Department l of bevelopment 1 Services, Planning r Section el (361) 826- I 3580, 2406 Leopard StnIet. III Armando Chapa City Secretory CftV' of Comus Christi Fl\ \~~:~_ ~:'I:j'!\;,:, i :1,[;, 'I PUBLISHER'S AFFIDAVIT 05 JlF'fI -8 ~1" 8: 1+ 0 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 Patricia, 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 bLLtILO..- ctjUuo-;jO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of APRIL 05, 2005, .~y Q:la 1rYnI)/ a k CJv Notary Public, Nueces County, Texas ->---.. ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05,