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HomeMy WebLinkAbout027329 ORD - 07/10/2007Page 1dif AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ANTHONY'S AVEDA SALON, BY CHANGING THE ZONING MAP IN REFERENCE ENCE To CLAREMONT PLACE, BLOCK 1, LOT 1, FROM "R -1B" B" ONE -FAMILY DWELLING DISTRICT TO "R-113/SP" ONE FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT FOR A PARKING LOT, SUBJECT TO A SITE PLAN AND FOUR (4) CONDITIONS; AMENDING THE COMPREHENSIVE E PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE EHENSI E PLAN; PROVIDING ID1NG A REPEALER CLAUSE; 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 Anthony's Aveda Salon, 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, April 18, 200 7, and Wednesday, May 30, 2007, during meetings of the Planning Commission, and on Tuesday, July 10, 2007, 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, S, 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 Claremont Place, Block 1, Lot 1, located at the northwest intersection of Sam Street and Jacquelyn Drive, approximately 200 feet east of Everhart Road, from "R -1B" One -family Dwelling District to "RAMP" One -family Dwelling District with a Special Permit for a parking lot, subject to a site plan and four (4) conditions. (Zoning Map 043037) (Exhibit) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four conditions: 1. Use: The only use authorized by this Special Permit other than the basic "R-1 B" One -family Dwelling District on the subject property is an enclosed commercial parking lot located behind the existing house. This parking lot can only be used in association with the business directly to the west of the subject property (specifically with the property located at 817 Everhart Road). The existing house adjacent to the proposed parking lot must remain as a single-family residential use. The use of this lot shall not include the placement or location of a trash 027329 H: LE -DIF I haredi ary lagenda\ 0 1-10lord-, r ing0407- Anthen rss len P-alt.do Page 2 of dumpster, recepticfe or container used to serve the property at 817 Everhart Road. 2. Access: Direct vehicular access to the commercial parking lot is prohibited from Sam Street. Access to the parking lot from Jacquelyn Drive shall be permitted only during the hours of 8:00 am to 7:00 pm. Monday through Saturday, except for on -premise dumpster service. 3. screening: A five foot tall wrought iron fence shall be provided along the south side of the proposed parking lot and a standard solid screening fence shall be provided along the east side of the parking lot and set back approximately ten (10) feet from the rear wall of the existing residence. A minimum five foot wide landscape strip shall be provided alongJacquelyn Drive adjacent to the existing commercial building (located at 817 Everhart Road) and the subject parking lot. This landscape strip shall be irrigated, maintained and consist of at a minimum, five gallon Indian Hawthorns spaced at three (3) feet on center. . 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. 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 H: LE-DIRkShar dl aryslag nda\ O 7l -1 OI rd-zoningO O7 -O AnthonyssalonSP- It.do Page 3 of regular meetings so that this ordinance is passed upon first reading as an emergency measure on this loth day of July, 200 7. Armando Chapa City Secretary APPROVED: July 10, 2007 etcsshisiik Gary' ,# ith Assistant City Attorney For City Attorney CITY CORPUS RISTI Xi/A Li! A H . ' arre Mayor, City .f Corpus Christi EFFECTIVE DATE HALE -DIRl haredi ar Sl gendal 007-10lord- oning {407-0 Anthon aloe P-alt.do State of Texas County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5803387 PO # Ci UULW1 �3,I RECEIVED CITY SECRETARY'S (7,7 OFFICE Before me, the undersigned, a Notary Public, this day personally carie CRI$ HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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, 7/17/2007 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the, 7/17/2007 day of 2007. $ 128.76 1Time(s) On this C904 day of is a true and an exact c GWENN J. MEDINA MY COMMISSION EXPIRES ;,,° August 2, 2008 11200 .y LEGAL SALES REPRESENTIVE , 2 Oa I certify that the attached document ade by publisher. Notary ' ublic, State of Texas • July 17,2007•Tesday•5F NOTICE OF PASSAGE OF <: ORDINANCE NO. 027323, Amend - Ing the Zoning Ordinance, upon appli- cation by Anthony's Aveda Salon, by changing the zoning map in reference to Claremont Place, Block 1, Lot 1, from "1:1-1B" One -family Dwelling District to "R-1B/SP" One -family Dwelling District with a Special Permit for a parking lot, subject to a site plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Compre- hensive Plan; providing a penally. This ordinance was passed and approved by the City Council of the City of Corpus Christi on July 10, 2007. Is! Armando Chapa City Secretary City of Corpus Chrisit Corp s Christi, Texas day of TO THE MEMBERS Corpus Christi, Texas 2007 F THE CITY COUNCIL Page 4ef 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. 1/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, Respectfully, Hnry Garre Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: 49 - Henry Garrett Melody Cooper Larry EHi ondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. 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