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Home My WebLink About026837 ORD - 06/27/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HEB GROCERY COMPANY, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO ALAMEDA ESTATES, BLOCK 2, LOTS 7C, 7D, 7E, 7F AND A PORTION OF LOT 3, (CURRENTLY ZONED "R-1C/SP" ONE - FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT) BY GRANTING A SPECIAL PERMIT FOR 91 PARKING SPACES AND A DRIVE - THROUGH PHARMACY, SUBJECT TO A SITE PLAN AND FIVE (5) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; 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 HEB Grocery Company, LP, 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, May 17. 2006, during a meeting of the Planning Commission, and on Tuesday, June 27, 2006, 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 91 parking spaces and a drive - through pharmacy on Alameda Estates, Block 2, Lots 7C, 7D, 7E, 7F and a portion of Lot 3, subject to a site plan and five (5) conditions (currently zoned "R -1 B /SP" One - family Dwelling District with a Special Permit), located 167 feet east of Delano Lane and Robert Drive intersection. (Map 043038) (Exhibit) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following five (5) conditions: 1, Add shields to existing light standards 2. Require a seven 7) foot wall along the north. east and west property lines. 3. Maintain existing landscaping and maintenance of wall along Delano Street. '' x.17 Page 2 of 3 4. Provide a two (2 ` foot illuminated directional signage for pharmacy area. 5. Special Permit to expire one (1) year from date of ordinance unless property used as approved. 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. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 27th day of June, 2006. Armando Chapa City Secretary APPROVED: June 13, 2006. Gary W . Smith Assistant City Attorney For City Attorney CI • F CORPU HRISTI He ry Garret Mayor. City of Corpus Christi •4:\LEG -DIR \Snared \GaryS \ agenda \ 006 \06 -27 0506 -()4 HEB SPgws060613 doc EFFECTIVE DATE --1/3/0 Page 3 of 3 Corpus Christi, Texas day of _cry , 2006 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. Uwe, 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. He ry Garrett Mayor, City of " orpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott \ LEG -DIR \Shared \GaryS\agenda',2006106- 270506 -(4 HEB SPgws060613.doc $ - ; ;S 37 p Bury Partners 1 ACFES Sc 5000 .6EXH DW;, FIELD NOTE DESCRIPTION N NO-50001-356-1 :=.PRIL 20, 2006 OB N'::I. 50001- 356.93 FOP 1.117 ACRE TRACT D`: LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TII.XAS AND BEING ALL OE LOTS 70, 70, 7E, 7F, ALAMEDF. ESTATES, ACC': RDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 23, PAGE 52, MAP RECORDS OF NUECES COUNTY, TEXAS .= 1,ND PORTION F BL3CE 2, ALAMEDA ESTATE, ACCORDING TC THE MAP IIR PLAT THEREOF RECCR:'ED IN VOLUME 7, RAGE 41, MAP RECORDS =F NUECES COUNT-.I TEXAS; SAID' ACRES BEING MORE PARTICULARLY DESCkIRED AS .LLCVJ4 CONCING, A' FOUND ' . ' MARKING THE INTERSECTION OF THE C,OL THEASTE5 L _ R1 _ H!. k r:Y -_ _ NE DE ROBERT DRIVE WITH THE SOUTKWESTEP.L R:'HT A17- LINE CF DE LAIN LANE AND FURTHER. MAR.K1 tit THE ,f SST NORTHERLY CORNER DE LOT E THENCE, 6I 5E° 20" F, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE CS DELANO LANE, 'DISTANCE OE 167' . 62 FEET, TO A FOUND 5/8 INCH IRON Ron MARKING THE MOST NORTHERLY CORNER OF LOT 7C AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND, THENCE, RIGHT A PC:T G AI: 7-INE 20' E, CONT , NUI `G ALONG THE SOUTHWESTERLY 771ELA 1 LANE, - DISTANCE OF 335.82 FEET, TO THENCE, r `, ',AVINC THE SOUTHWESTERLY RIGHT OF WAY LINE C)ELAN LANE AND :ROSSTNG SAID LCT 3, A DISTANCE OF 14. C. FEET, I' Pc N I 31-ATEL TN T .E N 'DRTHEASTERLY LINE OF LOT 1, 1,-_,= 3D FNIEP, IN T- 1CCOPDING TO THE MAP OR PLAT THEREOF REL.,O. E IN "CLUNE g F-.'3E 1 MAP RECO=RDS OF NUECES COUNTY, TEXA''.; C4 ( Q&)(2 - fit. Page P .2 THENCE, N f_ 58' r.: N, AL_aNG THE NORTHEAS?ERI,Y LINE OF LOT 1, A DI TANCE OE 33� . $.2 FEET, TO A POINT MARKING THE MOST WESTERLY .ORNE . THF, ;FOREME'NT 'ED LO ,C, e.z;ME BEING THE f-1OST SOUT P _Y PNER 'F 1T THENCE, Lk - ONG -'HE 7,OMI✓1ON EOUNCARY LINE BETWEEN LOT LC I 71. .xND LC- - A 2IST ONCE CF 145.00 FEET TO THE POINT OF BEGINNING ANO T INIt 11' ACRES CF LAND, MORE OR IJESS JAMES Uti, RUSSE:.:__., A REGISTERED PROFESSIONAL LAND suRVEYCP., DC HEREBY CERTIF' THA7 THE PROPERTY DESCRIBED HEREIN WAS 7ETERI TNED FROM , 7URVEY MADE ON THE GROUND UNDER MY DIREC T ,"'N ANC SUET,RVT.- T "'1 - BURY & PARTNERS, "NC. ENGINEERS AND SUR 7EYORS 922 TSOM ROAD, SUITE 4100 SAN r N_ _>N I C , JAMES W. RUSSELL fit. '.L.S #9230 S T, IE TEXAS CAS,k( Of- age DATE Xvirrriiiar es;47;4,-...1 ty 17144•4■77:, • '4,,,„11 k 1 0 _C- -:2---- \-•••-' t / i '.,-..•,.:.:i.,, :'., ' -, ` ' -. ` -I-, ■. \ . .,,, - '-, \ .. -, V 1,v /, ■ i 2.. L sc--.,, •-•,-,J-. --, re , ....._ _ ..]_. —11 5 t c ;u r- , 5 t; z —11,1 7 -2,41 < 7:1 7C 17 • Z G 0 - 17 cr) 0 c 0 • m • 0 > > r) 2, // 4-1 / / / / ROBERTS m col mf*Elt.!t17,t, Me CORPUS CHRISTI 14 ; ROBERT DR. AND & ALAMEDA mom 4444 CORPUS CHRISM. TEXAS II Bury' Partners PROPOSED SITE PLAN CA S-c OGO(p P 4 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5500281 PO# Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Sales Representative 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, Relugio, San Patrick), Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a true c( }pv, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 12TH day(s) of JUNE, 2006. $321.73 0101,1444., Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of `.(iLe X64 Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. MICHELLE JOYCE CABRERA Via, ,; CALLER -TIM S. m..ay 12 006• Monday . 11F OTICE OF PUBLI HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby Owen in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday, June 27, 2006 during a regular Council meeting which commences at 10:00 a.m. in the City Council chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which saio application(s) are or tile 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 is as follows: 1 0506 -04, HEB Grocery Company, LP: "R- 18/SP" One - family Dwelling District with Special Permit to a "B- 4" General Business District - Located 167 feet east of Delano Lane and Robert Drive intersection. 2. 0506 -05, Mariano Fernandez: "R-1B" One - family Dwelling District to a "B -1" Neighborhood Business District - Located 500 feet north of McArdle Road and east side of Dorothy Drive. 3. 0506 -06, Louis R and Lucy Nell Evans: "R -1B" One- family Dwelling District to a "I- 2 " Light Industrial District - Located at the soultwiest inteieeoiion of *o pan RAW and Bra/Ina Amid mid mat ' of Weber Road (WOW) 4. 0506 -07, DHS 1 Enterprises: "B -4" General Business District to a "1 -2" Light Industrial District - Located along the northeast intersection of Interstate 37 Access Road and Turtle Creek Boulevard. 5.0506-08, MG Building Materials: "R-18" One- family Dwelling District, "B -4" General Business District, "T- 1A" Travel Trailer Park District (T -1A), and a "T -1 B" Manufactured Home Park District to an "1 -2' Light Industrial District - Located 2120 feet from the northwest intersection of Ennis Joslin and SPID. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3580, 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Chris' State of Texas Count\ of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5516084 PO# Before me, the undersigned, a Notary Public, this day personally came Sandra Drum, who being first duly sworn, according to law. says that she is Legal Sales Representative of the Corpus Christi Caller- Times, a daily newspaper published al Corpus Christ 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 Hof, NOTICE OF' PASSAGE OF' ORDINANCES: which the annexed ,s a true copy. , was nserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 3RD day(s) of JULY, 2006. $292.63 '&01--nolcet, ().,(44-vLJ Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of, 1 Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. p:rr" 'It A MICHELLE JOYCE CABRERA MY COMMISSION EXPIRES 1 `� §; March 19, 2008 ALTER riMES•Ju1 3 006• Monday • 11F NOTICE OF PA OFN( NO. the SAGA mending oningg rdinance. upon application by HEB Grocery‘ Company, LP. by changing the zoning map in reference to Alameda Estates, Block 2, Lots 7C,= 7D, 7E, 7F and a port*1 of Lot 3, (currently zoned "R- 1B/SP" One - family Dwelling District wdh a Special Permit) by granting a Tai Permit for 91 g spaces and a cre- through phew* y, subject to a site and Ave (5) cond s NO. MS*, a the Zoning Ord r e upon application ` by Louis and Lucy Evans, by changing the zoning map in reference.{ to Brezina Farm Treats, being a 3.271 acre tract out of Lot 1, Black 1 from "R-1B" family Dwelling District to 1-2" Li ht Induu�B rial District; W. 02859, amending the Zoning Ordinance, upon application by t»iS Enterprises, by, changing the zoning map in reference to River Square Unit 1, Lot 2, Block 3, (currently zoned 1-4" General Business District) by grand a Special Permit, s to a site plan and len (10) conditions; and No. memo, amending the Zoning Ordinance. upon application by MG Building Materiels. Ltd., by changing the zoning map in reference to Jo$lin Tract, Block A, Lot 7 and 8, and 0.941 acres out of Lot 3, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from "R- 1 B" One - family Dwelling District, "T-1A (T -1)" Travel Triter Park District, "T -18" Manufactured Home Park District, and " &4" General Business District to "B.4" General Business' District and granting a Special Permit Tor outside storage, subject to a Site Pbn and six conditions: amending the Comprehensive Plan to account for any deviations from the e x i s t i n g ', Comprehensive Pk in; providing a penalty. These ordinances were passed and approved ley the Oily Council of Ste: of Corpus Christi 27, 2006. si Armando t',l City Secreta)*ry �, City of Corpus Christi