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Home My WebLink About028682 ORD - 07/20/2010Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RALPH AND IRMA RIVERA, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.266 ACRES, PATRICK GARDENS BLOCK 1, LOT 3A NORTH 102.7'; PATRICK GARDENS PORTION LOT 1, NORTH 125' OF LOTS 2 & 3; PATRICK GARDENS 50' X 132.5' OF LOTS 1 & 2; PATRICK GARDENS SOUTH 50' OF NORTHEAST 186.5' OF LOT 1; PATRICK GARDENS 57' X100.1OF LOT 1 & EAST 50.05' OF LOT 2 , FROM "B-4" GENERAL BUSINESS DISTRICT TO "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR A VEHICLE STORAGE FACILITY, SUBJECT TO SEVEN (7) 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 Ralph and Irma Rivera, 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, June 9, 2010, during a meeting of the Planning Commission, and on Tuesday, July 20, 2010, 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 1.266 acres, Patrick Gardens Block 1, lot 3A North 102.7'; Patrick Gardens portion lot 1, North 125' of Tots 2 & 3; Patrick Gardens 50' x 132.5' of lots 1 & 2; Patrick Gardens South 50' of Northeast 186.5' of lots 1; Patrick Gardens 57' x 100.1' of lot 1 & East 50.05' of lot 2, located at 621 Mohawk, from "B-4" General Business District to "B-4/SP" General Business District with a Special Permit to allow for a vehicle storage facility, subject to seven (7) conditions. (Zoning Map 048043) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following seven (7) conditions: 02&682 H:1LEG-DIR15hared\LEGAL-DEV.SVCS12010 Agenda17-20-101CASE NO. 0610-01 RALPH AND IRMA RIVERA10610-01.Rarph.Irma.Rivera.B4- B4SP.Zoning-Special Permit.Doc INDEXED Page 2 of 4 1. Uses: All uses allowed in the "B-4" General Business District plus a vehicle storage facility with a watchman's or caretaker's quarters. 2. Screening: A solid screening fence shall be installed to a height of six (6) feet along the perimeter of the subject property less the south property line shared with one -family dwelling districts. The south property line shall have a solid screening fence eight (8) feet in height. 3. Directional Lighting: All overhead lighting shall not bleed into neighboring properties and be directed away from adjacent properties. 4. Closure of Driveways: Driveway access to subject property shall be closed on Cheyenne Street and Mohawk Street. 5. Hours of Operation: 8 A.M. to 5 P.M., Monday through Friday. After hours delivery and collection of vehicles shall be allowed. 6. Limitations: Vehicle stacking or installation of vehicle storage racks is prohibited. 7. Time Limit: Such Special Permit shall be deemed to have expired within 12 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 S. 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. H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda17-20-101CASE NO. 0610-01 RALPH AND IRMA RIVERA10610-01.Ralph.lrma.Rivera.B4- B4SP.Zoning-Special Permit.Doc Page 3 of 4 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 at this ordinance is passed upon first reading as an emergency measure on this O day of _, 2010. ATTEST: CITY OF CORPUS CHRISTI ,IC,104"friAg Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi • /I /r tieborah Walther Bro sistant City Attorne For City Attorney H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda17-20-101CASE NO. 0610-01 RALPH AND IRMA RIVERA10610-01.Ralph.Irma.Rivera.B4- B4SP.Zoning-Special Permit.Doc Page 4 of 4 Corpus Christi, Texas 1•ay of , 2010 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, Joe A ame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott A41)z- 02868 EFFECTIVE DATE a6,2z0lD H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda17-20-101CASE NO. 0610-01 RALPH AND IRMA RIVERA10610-01.Ralph.Irma.Rivera.B4- B4SPZoning-Special Permit.Doc From: B-4 To: B-4/SP State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5971919 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, 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, K1.eberg, Live Oak, Nu:eee.s, Refugio, and San Patricia 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 -Carpus Christi Caller -Times on the 71412011, 7,/4/2011. $ 332.46 1Time(s) J On this day of- 1 ,2D1 I I certify that the attached document is a true and an exact copy nn e b LEGAL SALES REPRESENTIVE MICHELLE JOYCE CABRERA MY COMMISStOrt EXPIRES Mata 19, 2412 y publisher. Notary Public, of Texas °CALLER• TIMES 4� duly 4 2:011. ((7E NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATIONS) OF THE CITY O CORPUS CHRISTI Notice is .hereby giv- en that the Corpus. Christi City Council will conduct a public. hearing on July 19, 2011. during a regular Council meeting whichcommences at 12:00 pm in the Council Chambers, City Hall, 1201 Leop- ard, to consider the following zoning ap- plications)) which are on file in the Office of the City Secretary & the Dept. of Planning. At said'. time & place of hearing, persons & parties Interested may appear before the City Council:.. 1, 061.1.01, Port of Corpus Christi Au- thority: From the "R -1i3" One -family Dwelling District to the "I-3Heavy In- dustrial District Lo- cated" abutting to the south' end of the for- mer:Ingleside Naval Base & along the Corpus Christi: Ship Channel. 2. 0611.02, Peter Jon Roel: From the "R-1 B" One -family Dwelling District to the "B-1" Neighbor- hood Business'Dis- Letlal Notices 1110 Mot- Locatedat the southeast corner of the. Intersection of Duncan St. &.Ruth St.". 3. 0611-03, Jack Martin From'. the "R -1B/10" One -family Dwelling District with an Island Overlay to the "AT/IO" Apart- ment. Tourist.. District Located at the south- east corner of the ` In- tersection of Aruba Dr. & Running :Light. Dr. 4. 0611-04 Diane McGroarty: From the 13.1 B/IO' One-familyy. Dwelling District with an Island Overlay to the "AT/IO" Apart- ment Tourist District with.. an Island Over- lay - Located at the southwest corner of. Leeward Dr. & Run- ning Light Dr. 5. Ralph & Irma Riv- era: Requesting an additional one year time extension tor their Special Permit - Located at .Patrick Gardens Block 1, Lot 3A North 102,7'; Pat- rick Gardens at-rickGardens portion Lot 1, North 125' of Lots 2 & 3; Patrick Gardens 50' x 132.5' of Lots 1 & 2; Patrick Gardens South 50' of Northeast 186.5' of Lot 1; Patrick Gar- dens 57' x 100.1' of Lot 1 & East 50.05' of Lot2. Information may be obtained by calling or visiting the Dept. of Development Servic- es, Manning Section at. (361) 826-3560, 2406 Leopard St: /sl Armando Chapa City Secretary, .