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HomeMy WebLinkAbout026567 ORD - 12/13/2005 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AT A O. AZALI, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO 1.58 ACRES OUT OF A 3.28 ACRES TRACT OF LOT 2, BALDWIN MOORE FARM LOTS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT WITH A "PUD-2" PLANNED UNIT DEVELOPMENT SUBJECT TO A SITE PLAN AND ELEVEN (11) 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 ot ATA O. AZAU, INC. tor 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, November 2, 2005, during a meeting ot the Planning Commission, and on Tuesday, December 13, 2005 during a meeting ot the City Council, in the Council Chambers, at City Hall, in the City at 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 ot the City ot 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 ot the City ot Corpus Christi, Texas, is amended by changing the zoning on 1.58 acres out ot a 3.28 acre tract of Lot 2, Baldwin Moore Farm Lots, located east ot South Padre Island Drive, west of Friendship Drive and south of Westpoint Drive, trom "B-1" Neighborhood Business District and "B-4" General Business District to B-1" Neighborhood Business District and "B-4" General Business District with a Planned Unit Development 2 (PUD -2), as shown on the attached Exhibit. (Map 050040) SECTION 2. That the Planned Unit Development 2 (PUD -2) granted in Section 1 of this Ordinance is subject to a site plan and the following eleven (11) conditions: 1. Permitted Use: The only use allowed for the subject property other than the uses permitted by right in the "B-1" District is a hotel and parking lot. The existing "B-4" District permits hotels and parking lots. H :\LEG-DIR\Joseph\Zoning-05\ 1105-03 regular.doc I'. :? f) :) f~ 7 Page 2 of 4 2. Prohibited Uses: No amenities such as swimming pools, restaurants, bars or meeting rooms shall be allowed in the hotel or on the subject property. 3. Buildina Location/Area: A four story hotel structure with a maximum ot 121 rooms shall be located on the subject property with the main entry/check-in arrival area ot the hotel tacing west. 4. Buildina Setback Lines: The hotel shall be setback a minimum ot 68.41 teet trom the R.O.W. ot Friendship Drive and a minimum setback of 33.48 teet trom S.P.I.D. access road R.O.W. 5. Sianaae: Signage is permitted as allowed in the "B-1" and "B-4" Districts otthe subject property. Directional signage tor the hotel shall be permitted along Friendship Drive, West Point Road and South Padre Island Drive access drives only. Directional signage includes entrance and exit intormation and has a maximum square toot area ot two (2) square teet. Company logos are not permitted on the directional sign. 6. Fencina: A minimum tour (4) foot wrought iron tence shall be required and constructed along the north and east property lines ot the subject property. 7. Liahtina: All exterior lighting must be directional and shielded. Lighting must be directed away trom the surrounding residences, public-semi-public uses and public rights-ot-ways. 8. Landscapina: In addition to the required landscaping for the subject property, landscaping ot the fence area is required between the property line and tence area. One (1) canopy tree every 75 teet on center and shrubs every 5 teet on center between the trees shall be required along the tence area. Live ground cover and drip irrigation along the landscaped tence area shall be required. 9. Access: A tull access drive along Friendship Drive, West Point Road and (S.P.I.D. - as approved by TX DOT) shall be permitted, per the site plan. The tull access drive along Friendship Drive shall be designed and constructed to include a torce right exit. 10. Detention Pond: A detention pond shall be allowed, per the site plan. Such detention pond area shall be label an unbuildable area/lot. 11. Time Limit: Construction ot the hotel and parking lot shall be valid tor one (1) year ot the approved ordinance date ot the PUD-2. SECTION 3. That the official Zoning Map ot the City ot Corpus Christi, Texas, is amended to retlect the amendment to the Zoning Ordinance made by Section 1 ot this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map ot the City of Corpus Christi, Texas, approved on the 27th day ot August, 1937, as amended trom time to time, HILEG-DIRlJosephlZoning-0511105-03 regular doc Page 3 of 4 except as changed by this ordinance and any other ordinances adopted on this date, remain in tull torce and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation trom the Comprehensive Plan, the Comprehensive Plan is amended to contorm to the Zoning Ordinance, as amended by this ordinance. SECTION 7. That all ordinances or parts of ordinances in contlict with this ordinance are hereby expressly repealed. SECTION 8. That publication shall be made in the official publication ot the City ot Corpus Christi as required by the City Charter ot the City ot Corpus Christi. SECTION 9. That upon written request ot the Mayor or tive Council members, copy attached, the City Council (1) finds and declares an emergency due to the need tor immediate action necessary tor the efficient and effective administration ot 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 tirst reading as an emergency measure on this 13th day ot December, 2005. ATTEST:., :)._ ( ""j' LV . I~- Armando Chapa City Secretary APPROVED (/<,,~I~ t 2005 /~(h Joseph t/arney U Assistant City Attorney F or City Attorney EFFECTIVE DATE J 7//1117)) H\LEG-DIRIJoseph\Zoning-05\1105-03 regulardoc Page 4 of 4 Corpus Christi, Texas l3!:::- day of ~ 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set torth in the emergency clause ot the toregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, theretore, request that you suspend said Charter rule and pass this ordinance tinally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garr Mayor, Th City ot Corpus Christi Council Members The above ordinance was passed by the tollowing vote: Brent Chesney Henry Garrett Melody Cooper Mark Scott ~ .~ ~ ~ Jerry Garcia John E. Marez Bill Kelly Jesse Noyola Rex Kinnison H:\LEG-DIR\Joseph\Zoning-05\1105-03 regular doc ," .) f' !""" tj' 7 J... )J "'-'k:lf-i~2(::!~) ~ 53AH FRO~1 P_2 1 h .0 -- -6-'41' . DING @ 0 . W C1' I ^L BUll. . P DRIVE R.O, ' ;RO~"FRIENDSHI, . (j; , l~ I I I ~ (0 i :.----: -=-----... ." ~;B"'-'-Ul co o;lj " 00 rr1~ :i:::-u I --N I ~. ~ r;;1 I - c Oz ~~ ~6 I t. - (') z I ~ c f.t>?; I()'\~ Ul ~ ~ I ~ '--'"~ I 1 $~ ,~ 78.32.- ---- ,A =f) z: / / ~ ..,.... ..-. '" '. ~ -:&0 6'0 SO (> \)? ;-> 0~ r"- ::0 ~ '-7 ') \y'N. ~'y "- ~~ C) ^,S ~ /l '" _0 0' .<:::F ($'- r'" C'\(),J,(;; )'V '::-'" <.J ~ . .--r> "'?" D ,_) __ ... . '-- -.... ~ .~~ -0: \~ "v." ..).:--.J . /)..v / . ..J - 8;g ;tIO m.."U C) C~ -IN ; O"D :;;U;:O ~O -" z- 73456' ~it 31~ , ~ ~::~-'..' :. A:,i:.k1CtJ I OAi-'~i:.' -' 1_ Ii-J Q)i o """'_..,J...::::.....~ -- E ~~..! c ,. A" r; FFER 350 L: OFn BU.. n .. 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PUBLISHER'S AFFIDAVIT r c: I:" 01 ~\';-'i g: 2 '3 State of'rg~~~- County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5356906 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 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 28TH day(s) of NOVEMBER, 2005. $297.95 ht1./1{;L (jj iu~.5~ SENIOR COLLECTOR TWO (2 I Time(s) Subscribed and sworn to me on the date of NOVEMBER 29, 2005. ~':~~'R~~~~~ ~' '''. "0 . 0::: ~~~~~'l P~~~~'?t cr. ~ ('\ '. V1 . . . /:. J7 . (. '. .~ . v. ' -fA.... . l'A ' '~OF' . "to.. '" ....yP1~... "'~04:23-~ ))J (.l.c<. Yn.aJLU' ","-JI~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public --\ My commission expires on 04/23/09. OF PUBLiC HEARING TO CONIIDER ZONING APPLicATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance wlltt the law that the City Council of the City of Corpus Christi will conduct a public heanng on Tuesday, Decerriber 13, 2005 durin9 a regular Councll meeting Which comme~ at 10:00 a.m. in the CIty Council Chambers, City HaU, 1201 leopard, to consider the follpwing zoning application(s) of which said application(s) are on file in the Oti'ice of the City Secretary and the Department of Planning. At said time and place of hearing, all persons and ~ interested may ~r before the City Council. The zoning appllcation(s) to be considered at the hearing are u follows: 1, t00l-01, SouthaKt. V........... L.P.: "A-1B' One.Famlly Dwelling District to an 'A-1 A' Apartment House Distnct on Tract 1, an "A-2" Apartment House District on Tract 2 and a '8-1" Ne~ Business DIstrict on Tract 3 - locatlld along Everhart Road, 900 feet south of MIddIecoff Road and west of Snowgoose Dnve. 2. 1...., ........ V....... L.P.: "R-1B" One-Family ~ District to an "A-1" Apartment Hawse District on Tract 1, and a "8-4" General Business District on Tract 2 - Locate<:l atong Weber Road, 1'$0 leet south of Way Out Weber (W.O.W.) Aoed and 125 feet nol'lh of Adrlanna Drive. 3. 1105-03. AlA o. AZALI, Inc.: "B-1 " N ei g h b 0 rho 0 d Business DiStrict and a "B-4' General Business District to an ! "B-1" Ne~borhood Business DIStrict and a "B-4' General Business DlItrict wlttl a "PUQ-2" Planning Unit Development -l.Dcated east of South Padre Island Drive, west of Fnendship Orive and south of Westpoint Drive. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 35S0, 24()6 I.IOplIl'd Street. Is! Armando Chapa City Secretary City O.f.~~Christi PUBLISHER'S AFFIDAVIT State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5371058 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, LJim 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 19TH day(s) of DECEMBER, 2005. ~3.03 ." - --- ..,- -,- c (~-) bLr.vtJJ- ?1j~.s~ c SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of DECEMBER 20,2005. UJ/~ ~ Notary Public, Nue'e s County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. r:.1i~., MICHELLE JOYCE CABRERA q},~J Vy C~~:~~~P'RES _Q. ~ll E R:J I M E I.., ~"~'A2 !~. I.. -_..._""- . .. . ,. - . Mondly. If . 0IIII7. amending .. Zoning Odn&nce upon ~ by ATA O. . Inc. by ....... the. ... llllIIpln,.....to 1.. ..... . a S;........ I _. Lot 2, ~"'Ferm lots. troln' "8-1' Neighb~oOd ~ . and '8-4' . Qenlual I3ueineea DlMi1ct to 'B- l' Neighborhood .... DIetrk:t and '8-4. Gen.ral ......... 'P\JD-2" -.-UnIt OenlllplMi1t IUIjaclt to . ... ~.. and ." m~ciaiieM. . . ; NO. . _"lIIg ~~ loP, by ~ ....1 zoning mip- in r""'" .. 27.02. acres out .__.. I~'~UIIB " 2.. a,~ 11. from 'R.1S- One- family Dwelling on T'*lIB 1l1nC12. to .A-1' =.4.rtment..Heuse ant. 1 and 'R-1" ~twnlly 0-.._::: PemIIW T". .. 0.. IlapqMCln t~ 2. and 'S-l' Neighborhood .... DiIIrIct on Tract 3; "'." NO. -...... the Zoning O'~e. ~n~.: l.... .,....... the zonin" .,' in r....... It. ~.1' ..... -~........... CC*lnv.1.MIdiI, ... 5 i and 8. I!IlQdt 11. from 'R-1B' OQ.'amlly DweIIng on Trw:tB 1 8Ild 2, 10 "R-trOne- r.mIIy .DWIIIID will . Special Permit for Tow n It o.m e 0.. daplMlCClftTI1lClt 1, .,U' '8-1' NelClbttcHhoolll ~ ~ Clfl TI1lClt 2; 1IfMndIna" ~, .,... to aQClCIUIlt for anr devlJdlllna nm thI e x .1 . tin. I ~.. I PIal. These G,..nce. were _.. anti ~at"~ as Corpus CIt...., Of! EliI..rralr 11i"'-. .:.:s:B