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Home My WebLink About027846 ORD - 09/09/2008Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GREENWOOD-MOLINA NURSERY SCHOOL, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO WASHINGTON ADDITION, BLOCK 1, LOT 14, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-1B/SP" ONE -FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO ALLOW A PLAYGROUND, SUBJECT TO FIVE (5) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING 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 Greenwood -Molina Nursery School, Inc., 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, July 9, 2008, during a meeting of the Planning Commission, and on Tuesday, September 9, 2008, 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 Washington Addition, Block 1, Lot 14, located at 953 National Street across from the Greenwood Molina Children's Center, from "R-1 B" One -family Dwelling District to "R-1 B/SP" One -family Dwelling District with a Special Permit to allow a playground as an accessory use to the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and 41, subject to five (5) conditions. (Zoning Map 049040) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. Uses: All uses allowed in the "R-1 B" One -Family Dwelling District plus an accessory playground use with associated non -motorized playground equipment to serve the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and 41. 027846 H:\LEG-DIR\SharedUayWgenda\2008\9-9\ORD-zoning0708-02 GreenwoodMolina-special permit.doc Page 2 of 4 2. Screening Fence: A standard 6 foot screening fence is required along the side and rear property lines. An optional non-opaque security fence may be placed along the front property line. 3. Lighting: Any playground lighting must be shielded and directed away from the adjacent residences. 4. Hours of Operation: 8:00 am thru 7:00 pm. 5. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of 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 35-3 of the Zoning Ordinance of the City of Corpus Christi. 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 9th day of September, 2008. ATTEST:^ CITY ' CORPUS CHRISTI Alf//ice/ 41i1,AII Armando Chapa City Secretary Henry Garr tt Mayor, Ci of Corpus Christi H:\LEG-DIR\Shared\Jay\Agenda\2008\9-9\ORD-zoning0708-02 GreenwoodMolina-special permd.doc Page 3 of 4 APPROVED: September 1, 2008 R. Ja ei ' g Assistant City A rney For City Attorney H:\LEG-DIR\Shared\Jay Agenda\2008\9-9\ORD-zoning0708-02 GreenwoodMolina-special permit.doc Page 4 of 4 Corpus Christi, Texas day of 2008 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, Respectfully, I I�nry Garr Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 027846 EFFECTIVE DATE 091lsloe H:\LEG-DIR\Shared\Jay\Agenda\2008\9-9\ORD-zoning070B-02 GreenwoodMolina-special permd.doc 7 c.1.6,/.S.PJ-- 2-8 4 OLINA22 3 2- 1-S 1-A 2 1 5 48 4 49 50 1 2 51 52 1 0 2 1-A 3 4 51 6 WEST PO1No 8 9 110 5 48 4 49 3 LASJASC 2 51 1 52 11 12 13 14 15 48 4 49 JA 50 2 51 1 52 16 17 18 19 20 5 47 48 49 50 51 21 22 23 24 25 26 5 B-1 51 50 49 48 B 47 4 46 45 44 43 4 1 2 3 46 45 44 4 5 6 7 R 1B 43 42 41 40 NATIONAL 8 39 9 38 10 37 11 36 41 AB 40i 39 38 37 36 35 34 33 32 31 30 29 28 27 A N From R -1B To: R 1B/SP 17 30 18 29 19 28 20 27 21 26 22 23 25 44•NOSIaIf4e8JJ1 11.77127QI2 52 $ 82 7J HI }if x 7� 26 73 —Ino 2 1 Feet 7f TR 1141 K 1 f 3. i6 CASE # 0708-02 EXHIBIT A From: R -1B To: R-1B/SP 3 STAFF & PLANNING COMMISSION RECOMMENDATION ORINANCE: 1 33 55 24 )110.1 D E P 0 W A'-1/SP GREEN�i'0 D T RR4jCE UN B -V11 arsawae Prep.ed By: SRR of Development Servkes SUBJECT PROPERTY LOCATION MAP" State of Texas County of Nueces PUBLISHER'S AFFIDAVIT algi-(3? ) CITY OF CORPUS CHRISTI ) Ad # 5874706 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE 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, NOTICE OF PASSAGE OF ORDINANCE NO. 02784 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/15/2008,9/15/2008. $ 134.58 1Time(s) On this a�' ` day of e 2 I certify that the attached document EE �/ publisher. LE PRESENTIVE is a true and an exa copy made jS' OMNI a MY COMMISSION EXPIRES 2 J Notkfv Public, State of Texas September 15, 2008 NOTICE OF PASSAGE OF ORDINANCE NO. 027846, Amend- ing the Zoning Ordi- nance, uponapplica- tion by Greenwood - Molina Nursery School, Inc.,.. by changing the Zoning Map in reference to Washington Addition, Block 1, Lot 14, from "R -1B .One -Family Dwelling District to "R-1B/SP" One -Family Dwelling District with a Special Permit to allow a playground, subject to five (5) conditions; amending the Com- prehensive Plan to ac- count for any devia- tions from the existing Comprehensive -Plan; providing a repealer clause;: providing a penalty; providing for. publication. This ordi- nance was passed and approved by. the City Council of the City of Corpus Christi on September 9, 2008. /s/ Armando Chapa City SecretaryCity of Corpus Christi State of Texas County of Nueces PUBLISHER'S AFFIDAVIT al gog ) CITY OF CORPUS CHRISTI ) Ad # 5871953 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Tunes, 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 Patrick', Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/25/2008,8/25/2008. $ 256.80 1Time(s) On this9 day o I �" D I certify that the attached document is a true and an exact cop ad by publisher. eWENN-J. ML'ri MY COMMISSION EXPIRES August 2, 2012 r - r otaryPublic, State of Texas August'25, 2008 n NOTICEOFPUBLIC ' HEARINGTOCON- '---SIDER ZONING . APPLICATION(S THE crit/ a COOIOPR- PUSCHRISTI :.i Notice is hereby given in accordance with the law that the City Coun cif. of the City of Carpus Christi will conduct a public hear- ing on Tuesday September 9, 2008 during a regular Coun- cilmeeting which commences at 10:00 a.m. In the City Coun- cil Chambers, City Hall, 1201. Leopard, to consider the following zoning application(s) of which said applica- tion(s) are on file in the Office eyanthd Sec- ret the Department of Plan place lAt ace d time- pi fhearing, l persons and parties interested may appear before the City Coun- cil. The zoto `ng application(s) considered at the hearing are asGrown- ..- 1. 0708-02, wood -Molina Nursery School, Inc.: From a I"R-1B" ane -family Dwelling District to an "AB" professional Of- fice District - Located at 953 National Street across from the Greenwood -Molina NurserrySchool Inc. Anchor HarbOy orBMobtle Home Community, L.L.C.:. From a 1B4" General Business District to a "T -1A Travel Trailer Park District a P UD -2" Plann t h dUnit Development.- 2 Over- lay on Tract 1 and KT -113" Manufactured Home Park District with a "PUD -2" merit 2 Overlay n Tract 2 located on the side of South Padre north f sland Drive and approximately 500 feet west. of Paul Jones Avenue. Information cml iy ' oe: I obtaind_+4Y g visiting the Depart- menLQJr Ie1QPment. Sac-fnftata last# 9Ze +o ¢, Leopard Street is/ Armando Chapa City Secretary City of Corpus Chdsa