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Home My WebLink About027037 ORD - 10/31/2006AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE 3920 SOUTH PARK PLAZA, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO SOUTH PARK SUBDIVISION, LOT 17, BLOCK 10, (CURRENTLY ZONED "R-1B" ONE - FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A PARKING LOT TO THE ADJACENT SHOPPING CENTER, SUBJECT TO A SITE PLAN AND TWELVE (12) 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 City of Corpus Christi, 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, August 23, 2006, during a meeting of the Planning Commission, and on Tuesday, October 31; 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 a parking lot to the adjacent shopping center on South Park Subdivision, Lot 17, Block 10, subject to a site plan and twelve (12) conditions (currently zoned "R-1B" One - family Dwelling District), located at the intersection of Weber Road and Delphine Street. (045037) (Exhibit) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance for a parking lot to the adjacent shopping center is subject to a site plan attached as Exhibit A and the following twelve (12) conditions: 1 That no access be permitted to and that parking be prohibited along Delphine Street; 2 That no access be permitted to Weber Road; Page 2 of 4 3. That a 6' high masonry fence be constructed 5 feet back of the property line along Delphine Street; 4. That a 5 foot wide continuous landscaped green area for visual buffer be provided along Delphine Street to be irrigated by an underground sprinkler system and maintained by the property owner, 5. That the 5 foot landscaped area along Delphine Street include 2 -inch caliper Crape myrtle trees planted at 10 feet on center; 6. That a stop sign be placed at the driveway exit for the parking area for vehicles exiting into the alley 7. That no dumpsters be located on this site; 8 That a 4 foot masonry and wrought iron fence be located along the property line on Weber Road 9 That a 6 foot masonry fence be located along the western property line adjacent to the residential lot. with the fence tapering down to 3 feet within the 5 foot approach of the driveway on the site 10 That a 5 foot landscape area be planted along the alley, on either side of the driveway location, with low landscaping no greater than 3 feet in height and shrubs at 5 feet on center; and 11 That security lighting be directed away from adjacent residential uses so not to illuminate or glare on the properties. 12. This Special Permit shall be deemed to have expired within two (2) years from the date of this ordinance unless the property is being used as a parking lot to the adjacent shopping center and in compliance with all other conditions and City rules and 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. H: \LEG -DIR\ Shared \GaryS \agenr1a12006''10 -31 \0806 -05 South Park Plaza sp doc Page 3 of 4 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. r CTION 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 31St day of October. 2006 Armando Chapa City Secretary APPROVED: October 25, 2006. G: ry Smith Assistant City Attorney For City Attorney CITY • F CORPUS CHRISTI Henry Garre Mayor, City of Corpus Christi EFFECTIVE DATE itiv/p/ofa H:\ LEG -DIR\ Shared \GaryS \agenc;a\2006`10 - 3110806 -05 South Park Plaza sp.doc Page 4 of 4 Corpus Christi Texas 3)4} day of • 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. 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, Council Members Respectfully, Hen Garre Mayor, City f Corpus Christi The above ordinance was passed by the following vote: Henry Garrett i Brent Chesney I� John Marez Jerry Garcia William Kelly { t Rex A. Kinnison ( Melody Cooper ji0Set/li` Jesse Noyola — L*e.- Mark Scott H:\ LEG -DI R\ Shared \GaryS \agenla12006110 - 3110806 -05 South Park Plaza sp doc ;' +_ 3 7 {s1-4-t Vtc(,--- Cttse, 2. agao- c tz.eceived 10 10 0- ;:T-41- T-021 P002/002 F-034 29100.00"W 119 4( WEBER RCAJ • WEBER ROAD (±) (b) (Ti') )---fl) (0) (•) (I* c7);) 1--cn —I—I MQ 90 -Est CD go >u_.1 Mo2 0.)-t; cn> CJ 5 --nm Or- ?7)r.,7-1 "0 c2-0 >5 ol-- m I- Zr— 00 (/) Om ---:: --m Zr- [o m * * -<__I i MX G)Z * Z T.:I > 0 > r- ill r- Z ...,--0 CIGNA( I ASSOCIATE5 ..,11,441111.• ,0121,1 CAM. Ter, hm, 11{, AV 746, A441,0.01,7 z 0 m SPECIAL USE PERMIT SOUTH PARK CENTER CORPUS CHRISTI , TEXAS CON&uLTANT DATE! b8/29/2006 DRAWN CM m tJ m 0) rn rn ;tate Texs Count 1 tec( PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad 5592577 PO Hefore me. trie ;:!-iderhigned, \1(,)tary Public, this da,, personally came Sandra Orurn, who beIng tirt duly sworn, according to law., says that she is Legal Sales Representative of (he Corpus Christi Caller-Times, a daily newspaper published a- C ipis Chnsi: i;7, said City and State. generally circulated in Aranss. Bee, 1Th-ook: Duval .tim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak N Ref:.rgio, S:m. Patricia Victoria and Webb Counties, and that he pus N( OF PUBLIC HEARING TO which the annexed is a !rue c as nscrt opus Christi Caller-Times and on the World Wide ( C'oler-Tirres :'7,`..eractiLie on the 16TH day(s) of OCTOBER $230.0 Legal Sales Representative TWY (2 ) Time(s) SLibscribed and sworn to me on the date of tbi Notary Public, Nueces County, Texas Michelle Cabrera P'OrT or i'voe Name of Notary Public -ommission expires on March 19, 2008. .(yleE, CABRERA • 'f'7'MMINCIN '2,608 oce 12F • Monday .October 16 2006 NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI ,once is hereby given 10 accordance woo the av, that the City Council of the C:ity of Carpus Chris' will ':duct a L utroic ` =earng on Tuesday. JJrlober 31 2006 iur!ng a regular Council meeting which ;oinnences at 10'00 or in the City Council Chambers, City Hall. C' Leopard to onsider the following Earring applications) of s a ,1 application(s) ar. on file t the Office ut the City Secretary and the C epartment of Riannrng At said time and place of hearing . ail persons and parties interested may appear before the City Council T n e Z O n r application(s) to be oonsidered at the hearing are as follows 0806 -05, 3920 South Park Plaza. LLC' Fran A_,B. One tarniiv Dwelling District to 0 „B N a C C O r h Business Dishirt ._o_ated at '' e intersection of Werret Road and Delph street 0906 -02, Mirabal Development Group L.0 : From 'R -1 B” One - `amill: Dwelling Distnc. a R-2 " / "POD -2 P,sorred Lin t Development - Located cn the north side if ar ara Lao approximately 1 OCC' `eet east of Airline Roan 0Jormat,on may be )btained by calling or ;siting the Department Development crv.cee Plannn ;' `�ectic)r at (361' 826 560. 2406 Leopnrc t. itreel A+rnando Chaps City Secretary ty ;orpus Christi ;Mate Of " "exas County Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss Ad # 5607302 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra ()rum, who being first duly sworn, according to law, says that she is Legal Sales Representative et: the Corpus Christi Caller - Times, a daily newspaper puWished at Corpus Christi in said City and State, generally circulated in Aransas. Bee, Brooks, Duval, ,Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, hive Oak, Nueces Refugio, San Patricio, Victoria and Webb Counties, and that t he 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 1riteractive on the 6TH day(s) of NOVEMBER, 2006. $ 176.23 MICHELLE JOYCE CABRERA M` COMMISSION EXPIRES March 19, 2008 Legal Sales Representative TWO-(2 ) Tirne(s) Subscribed and sworn to me on the date of Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. NpT�\ OF CE pF . pROiniANCE.d9 ba/nih, p '198 ° (c' a <o p 9ranrwe ;.. O� ity